Page 1 of 3 MODULE: Non - Institutional Corrections Introduction Correctional treatment can be divided

into two elements: a) Secured Confinement or Institutionalized Corrections, and b) Community-Based

Programs or Noninstitutional Corrections. Community-based correction is a supervised program dealing
with people who have been convicted or are facing conviction. It is a non-incarceration system of
correction Community corrections covers a wide variety of punishment imposed without removal of the
offender from his area of residence and employment, if any. The crux of community corrections is
supervision in the community. Community-based corrections include probation, which involves offender
supervision under the control of the sentencing court, and an array of intermediate sanctions, in the
form of programs that provide greater supervision and treatment than the “traditional" probation but
are less intrusive than imprisonment. Chapter 1: Introduction At the end of this chapter the student
should be able to: • Understand the Two Elements of Correctional Treatment • Enumerate the goals of
Community Corrections Programs. Page 2 of 3 MODULE: Non - Institutional Corrections Treatment in the
community is viewed as a viable alternative to traditional correctional practices. First, it is significantly
less expensive to supervise inmates in the community than to house them in secure institutional
facilities. Second, community-based corrections are necessary if the prison system is not to be
overwhelmed by an influx of offenders. Third, community-based treatment is designed so that first-time
or non-serious offenders can avoid the stigma and pains of imprisonment and be rehabilitated in the
community. One of the basic principles underlying community-based corrections is minimization of the
offender's contact with Institutional incarceration. The emphasis moves away from the dehumanizing
and alienating effects of institutionalization and mandates avoidance of use of ails, workhouses, and
prisons to an extent consistent with the protection of society. Modern community correctional
programs are invariably "soft on crime,” they focus too much on rehabilitation, to the exclusion of
punishment, deterrence, and incapacitation. Community corrections mean the subfield of corrections in
which offenders are supervised and provided services outside jail or prison. For this reason, community
corrections are sometimes referred to as non-institutional corrections. Community corrections include
programs such as diversion, restitution, probation, parole, and various provisions for temporary release
from prison or jail. Parole and probation have always been a way of community correction, but with
advancement in technology and considering the psychology of convicted people, correction programs
have widened to accommodate work releases ay tine programs, electronic monitor the home
confinement, community service, half way houses, boot camp prisons, restitution, check in programs,
mediation, curfews, restorative justice centers, drug checks, alcohol checks end other methods where
there is a certain level of trust between the offenders and the people involved. The Goals of Community
Corrections Programs Community corrections programs are integrated sanctioning strategies that seek
to achieve the following goals: 1. The offender it punished and held accountable. 2. Public safety is
protected. 3. Victims and local communities receive restitution from felons who work in their present
jobs and/or in restitution programs. 4. Community service work increases. Page 3 of 3 MODULE: Non -
Institutional Corrections 5. Collection of court costs and fees increases due to contractual agreements
with attenders who remain in their present jobs. The Popularity and Growth of Community based
Programs Nationwide is Based on Five (5) Factors 1. The programs provide closer supervision than
regular probation sentences; 2. Major cost savings compared to full incarceration; 3. Flexibility for
judges to sentence to community correction programs instead of incarceration in a jail or prison; 4. A
more gradual reentry into community life after prison or jail time; and 5. Less overcrowding in jails and
prisons. Community Corrections Sanctions may include: 1. 24-hour residential programs which provide a
structured living environment for offenders who require supervision when not working or looking for
employment: 2. Non-residential drug and alcohol treatment programs; 3. Electronic monitoring of
offenders placed on home detention (offenders must wear bracelets that allow parole officials to
monitor their movement); 4. Diagnostic evaluation and counseling ordered by the court as part of a
presentence process; 5. Pre-trial intervention which provides close supervision and support services to
selected offenders prior to trial; 6. Community service programs; 7. Day reporting centers where
offenders are required to discuss the progress of their job search and daily activities with parole officials;
and 8. Mandatory education programs. References: Handbook on NON-INSTITUTIONAL CORRECTIONS
LINNET DOLINEN – GAHAR

Page 1 of 9 MODULE: Non - Institutional Corrections Meaning of Detention/ Custodial Center, Detainee,
and Detention Prisoner Detention as defined by the Philippine National Police is a restraint of personal
liberty or deprivation of freedom of action in any significant manner. (PNP Operational Procedure 2010
p. 85) Detainee as defined by the Bureau of Jail Management and Penology (BIMP) refers to person who
is accused before a court or competent authority and is temporarily confined in jail while undergoing or
awaiting investigation, trail, or final judgment (BJMP Manual Revised 2007, p. 143) Detention Prisoner
refers to a person arrested due to the commission of a crime/offense by the arresting unit for custodial
investigation. It likewise includes a person arrested for crimes, which are heinous in nature, against
national security, and high-profile crimes. (PNP Operational Procedure 2010, p. 85) Chapter 2:
Temporary Release of Detained Person At the end of this chapter the student should be able to: • Define
Detention, Custodial Center, Detainee, and Detention Prisoner • Enumerate the Basis of Temporary
Release of a Detained Person • Understand the Definition, Concept, and Purpose of Bail. Page 2 of 9
MODULE: Non - Institutional Corrections Basis of Temporary Release of a Detained Person 1. Under the
1987 Philippine Constitution: The 1987 Philippine Constitution allows two (2) modes by which a person
under custody may be released temporarily from detention before conviction of the offense charged -
(1) bail, and (2) release on recognizance as may be provided by law. (Art. III, Sec. 13) 2. Under the Rules
of Court: Rule 102 of the Rules of Court provides for habeas corpus, a speedy and effectual remedy to
relieve from unlawful restrain and will therefore issue when someone is deprived of liberty. Definition,
Concept, and Purpose of Bail Bail is the security given for the released of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash
deposit, or recognizance. Bail bond is an obligation given by the accused with one or more sureties, with
the condition to be void upon the performance by the accused of such acts as he may be legally required
to perform. Where Bail may be filed? 1. Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge in the province, city, or municipality other than where the
case is pending, bail may also be filed with any Regional Trial Court of said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.
2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance,
the application may only be filed in the court where the case is pending, whether on preliminary
investigation, trial, or on appeal. Page 3 of 9 MODULE: Non - Institutional Corrections 3. Any person in
custody who is not yet charged in court may apply for bail with any court in the province, city, or
municipality where he is held. (Sec. 17, Rule 114, Revised Rules of Criminal Procedure) Reasons why the
Constitution Prohibits the Imposition of Excessive Bail Excessive bail means a bail set at a higher amount
than that reasonably calculated to ensure the presence of the accused at the trial. It is prohibited for the
following reasons: 1. To safeguard the liability of the individuals; 2. Imposition of excessive bail amounts
to nullification to the of the right to bail which is offensive to the Constitution; 3. Right to bail would
become meaningless. (Sunga vs. Solid, 109 SCRA 253) Who may not invoke the Right to Bail? 1. It cannot
be invoked where the applicant is not yet in custody of the law because he went into hiding and is at
large, and hence, a free man even when he has already been criminally charged in court. 2. It Is also not
available to one charged with a capital offense or an offense punishable by Reclusion Perpetua, life
imprisonment, or death if the evidence of his guilt is strong. 3. Under the Rules of Court, "no bail shall be
allowed after the judgment has become final, or after the accused has commenced to serve
sentence"(Sec. 24, Rule 114, Revised Rules of Criminal Procedure) The Authority of the Sureties or Court
to Re-arrest Principal Section 23, Rule 114 of the Revised Rules of Criminal Procedure authorizes the
sureties and the court to re-arrest the principal in order to deliver him up at any time before the trial
court. The provision of the rule provides: "Section 23. Arrest of accused out on bail. - For the purpose of
surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a
certified copy of the undertaking, cause him to be arrested by a police officer or any other person of
suitable age and discretion. Page 4 of 9 MODULE: Non - Institutional Corrections An accused released on
bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines
without permission of the court where the case is pending." Distinction of Bail Bond from a
Recognizance A bail bond is an obligation under seal given by the accused with one or more sureties,
and made payable to the proper officer with the condition to be void upon performance by the accused
of such acts as he may legally be required to perform. A recognizance is an obligation of record, entered
into before some court or magistrate duly authorized to take it, with the condition to do some particular
act, the most usual condition in criminal cases being the appearance of the accused for trial. A
recognizance does not require the signature of the accused for its validity. Recognizance as a Mode for
Obtaining Release from Detention Recognizance is an older method of suspending or deferring
judgment for good behavior. This was based on an ancient practice developed in England in the 14th
century. It originated as a measure of preventive justice, involving an obligation or promise, sworn to
under court order by a person not yet convicted but though likely from the information before the court
to have committed a crime that he would keep the peace and be of good behavior. Recognizance refers
to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the
appearance in court of the child in conflict with the law, when required. (Sec. 4(p), R.A. No. 9344)
Recognizance is an obligation of record, entered into before some court or magistrate duly authorized to
take it, with the condition to do some particular act, the most usual condition in criminal cases being the
appearance of the accused for trial. (Moreno, Phil. Law Dictionary, 3d ed., p. 797) Qualifications and
Requirements for Release on Recognizance 1. That the applicant is a Filipino citizen; Page 5 of 9
MODULE: Non - Institutional Corrections 2. That he is a resident of the Philippines for at least six (6)
months prior to the filing of the application; 3. That the offense for which he is in custody and seeks to
be released on recognizance is not punishable by death, reclusion perpetua, or life imprisonment; 4.
That he has no sufficient means to post corporate surety, property bond, or cash deposit as bail bond;
and 5. That more than five (5) years have elapsed since his last conviction or release from imprisonment
after conviction for an offense, if any, and he has shown good behavior during the said period.
Disqualifications for Release on Recognizance 1. That he is a danger to the community; 2. That the
circumstances of his case indicate the probability of flight if released on recognizance; 3. That he is a
recidivist, quasi-recidivist, or habitual delinquent, or has been previously convicted of a crime
aggravated by the circumstance of reiteration; 4. That he has previously escaped from legal
confinement, evaded sentence, or violated the conditions of his previous bail or release on
recognizance, if any, without valid justification; 5. That he has previously committed a crime while under
probation, parole, or conditional pardon; or 6. That there is undue risk that he may commit another
crime if released on recognizance. Release of Detainee through Habeas Corpus Writ of Habeas Corpus
Defined Writ of habeas corpus is a writ which has been esteemed the best and only sufficient defense of
personal freedom having for its object the speedy release by judicial decree of persons who are illegally
restrained of their liberty, or illegally detained from the control of those who are entitled to their
custody. (Albano, Albano Jr., Albano, Remedial Law Reviewer, 2007 ed., p 964, citing Ballentine's Law
dictionary, 2nd ed., p. 569) Page 6 of 9 MODULE: Non - Institutional Corrections The writ of habeas
corpus is the means by which judicial inquiry is made into the alleged encroachments upon the political
and natural rights of individuals, such as restraint of liberty. It is a writ of defense of personal freedom,
having for its object the speedy release, by judicial decree, of persons who are illegally restrained of
their liberty, or who are entitled to the custody of them. It is directed to the person in whose custody
the person is detained. (Phil. Law Dictionary by Moreno, 3rd ed. p. 424) The writ of habeas corpus also
has a very limited availability as a postconviction remedy where, as a consequence of judicial
proceeding: (a) there has been a deprivation of a constitutional right resulting in the restraint of a
person; (b) the court had no jurisdiction to impose the sentence; or (c) an excessive penalty has been
imposed, as such sentence is void as to such excess. (Agranzamendez, Q &A in Remedial Law, 2008 ed.,
p. 514, citing Feria vs. CA, 382 Phil. 412 [2000]) Nature and Purpose of the Petition for Habeas Corpus
Petition for habeas corpus is like a proceeding in rem because it is an inquisition by the government, at
the suggestion and instance of an individual, most probably, but still in the name and capacity of the
sovereign. It is also instituted for the purpose of fixing the status of a person and that there can be no
judgment entered against anybody since there is no real plaintiff and defendant. (Alimpoos vs. CA, 106
SCRA 159) The essential object and purpose of the writ of habeas corpus is to inquire into all manner of
involuntary restraint as distinguished from voluntary, and to relieve a person therefrom if such restraint
is illegal (Moncupa vs. Enrile, 141 SCRA 233); and any further rights of the parties are left untouched by
decision on the writ, whose principal purpose is to set the individual at liberty. (Villavicencio vs Lukban,
39 Phil 778) The essential object or purpose of the writ of habeas corpus is to inquire into all manner of
involuntary restraint and to relieve a person from it if such restraint is illegal. (Agranzamendez, p. 514,
citing Aquino vs. Esperon, G.R. No. 174994, Aug. 31, 2007) To what Habeas Corpus Extends Page 7 of 9
MODULE: Non - Institutional Corrections Section 1, Rule 102 of the Rules of Court provides the following
provisions: "Section 1. To what habeas corpus extends. - Except as otherwise expressly provided by law,
the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any
person is deprived of his liberty, or by which the rightful custody of any person is withheld from the
person entitled thereto." Who may Grant the Writ of Habeas Corpus? The writ of habeas corpus may be
granted by the Supreme Court, or any member thereof on any day and at any time, or by the Court of
Appeals or any member thereof in the instance authorized by law, and if so granted it shall be
enforceable anywhere in the Philippines, an may be made returnable before the court or any member
thereof, or before a Court of First Instance (RTC), or any judge thereof for hearing and decision on the
merits. It may also be granted by a Court of First Instance (Regional Trial Court), or a judge thereof, on
any day an at any time, and returnable before himself, enforceable only within his judicial district. (Sec 2
Rule 102, Rules of Court) What are the instances when the writ of habeas corpus shall not be allowed?
The writ of habeas corpus shall not be allowed if it appears that the person alleged to be restrained of
his liberty is in the custody of an officer under process issued by a court oi judge or by virtue of a
judgment or order of a court of record, and that the court or judge has jurisdiction to issue the process,
render the judgment, or make the order. (See Sec. 4, Rule 102, Rules of Court) The writ of habeas
corpus, as a general rule, will not issue where the person alleged to be restrained of his liberty is in the
custody of an officer under a process issued by the court which has jurisdiction to do so. (Aquino vs.
Esperon, ibid) If the writ is granted because it ought to issue, to whom shall it be directed, and what
shall it require? In case of imprisonment or restraint by an officer (BUCOR/BJMP/PNP/AFP), the writ
shall be directed to him, and shall command him to have the body of the Page 8 of 9 MODULE: Non -
Institutional Corrections person restrained of his liberty before the court or judge designated in the writ
at the time and place therein specified. In case of imprisonment or restraint by a person not an officer,
the writ shall be directed to an officer and shall command him to take and have the body of the person
restrained of his liberty before the court or judge designated in the writ at the time and place therein
specified, and to summon the person by whom he is restrained then and there to appear before said
court or judge to show cause of the imprisonment or restraint. (Sec. 6, Rule 102, Rules of Court) What
may the court or judge do if the person subject of the petition is unlawfully imprisoned? The court or
judge shall forthwith order his discharge from confinement, but such discharge shall not be effective
until a copy of the order has been served on the officer or person detaining him. If the officer or person
detaining him does not desire to appeal, the prisoner shall be forthwith released. (Sec. 15, Rule 102,
Rules of Court) Distinguish Writ of Amparo, Writ of Habeas Corpus and Writ of Habeas Data Writ of
Amparo is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official or employee, or of a private
individual or entity. The writ shall cover extrajudicial killings and enforced disappearance. (A.M. No. 07-
9-12-SC, The Rule on Writ of Amparo dated September 24, 2007) Writ of Habeas Corpus is a writ
directed to a person detaining another commanding him to produce the body of the prisoner at a
designated time and place, and to show sufficient cause of his caption and detention, to do, to submit,
and receive whatever the court or judge awarding the writ shall consider in that behalf. A writ of habeas
corpus extends to all cases of illegal confinement or detention by which a person is deprived of his
liberty, or by which the rightful custody of any person is withheld from the person entitled to it. Its
essential object or purpose is to inquire into all manner of involuntary restraint and to relieve a person
from such restraint is illegal. Writ of Habeas Data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or Page 9 of 9 MODULE:
Non - Institutional Corrections omission of a public official or employee, or of a private individual or
entity engaged in the gathering, collecting or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party (A.M. No. 08-1-16-SC, The Rule on the Writ of Habeas
Data, January 22, 2008). Habeas Data is a writ that enables a person to find out what information is
collated about him, by the police or the military and other law enforcement agencies, and the use and
purpose of such information. The writ of habeas data is a remedy, the purpose of which is to enjoin the
act alleged to be in violation of a person's right to privacy, or to compel the deletion, destruction, or
rectification of erroneous data or information. References: Handbook on NON-INSTITUTIONAL
CORRECTIONS LINNET DOLINEN – GAHA
Page 1 of 14 MODULE: Non - Institutional Corrections What is an Executive Clemency? Clemency simply
means leniency or mercy. A power given to a public official, such as a governor or the president, to in
some way lower or moderate the harshness of punishment imposed upon a prisoner. Clemency is
considered to be an act of grace. It is based on the policy of fairness, justice, and forgiveness. It is not a
right but rather a privilege, and one who is granted clemency does not have the crime forgotten, as in
amnesty, but is forgiven and treated more leniently for the criminal acts. Executive Clemency is the
power of a President in state convictions, to pardon a person convicted of a crime, commute the
sentence (shorten it, often to time already served). or reduce it from death to another lesser sentence.
There are many reasons for exercising this power, including real doubts about the guilt Chapter 3:
Executive Clemency At the end of this chapter the student should be able to: • Define Executive
Clemency • Enumerate the Forms of Executive Clemency • Understand the Causes of Total/ Partial
Extinction of Criminal Liability Under Article 89 of the RPC. Page 2 of 14 MODULE: Non - Institutional
Corrections of the party, apparent excessive sentence. humanitarian concerns such as illness of an aged
inmate, to clear the record of someone who has demonstrated rehabilitation or public service, or
because the party is a political or personal friend of the Governor. It is an executive function and not a
function of the judiciary. It is also a non-delegable power and it can only be exercised by the President of
the Philippines personally (Villena vs. Secretary of the Interior, 67 Phil. 451, 453) The President extends
executive clemency for administrative penalties. The Constitution makes no distinction with regard to
the extent of the pardoning power except with respect to impeachment. (Llamas vs. Orbos, G.R. No.
99031, Oct. 15, 1991) Limitations on the Exercise of the Power to Grant Pardon 1. It cannot be granted
in cases of impeachment. Impeachment has been defined as a method of national inquest into the
conduct of public men. 2. It cannot be granted in cases of violation of election laws without the
favorable recommendation of the Commission on Elections. 3. It can only be granted after conviction by
final judgment. The second limitation is based on the constitutional provision under Article IX(C) (5). The
Commission on Elections. Section 5 provides: "Section 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and regulations shall be granted by the President without
the favorable recommendation of the Commission." Causes Of Total Extinction of Criminal Liability
Under Article 89 of the Revised Penal Code (RPC) 1. DEATH OF CONVICT-death of convict extinguishes
criminal liability at any stage of the criminal proceeding: civil liability is likewise extinguished if death
occurs before final judgment. If death occurs, there will be nobody to serve the penalty for the crime.
The death of the convict, whether before or after final judgment, extinguishes criminal liability, because
one of the juridical conditions of penalty is that it is personal. Page 3 of 14 MODULE: Non - Institutional
Corrections What are the Effects of Death of the Accused? a. Death of the offender before or during
trial. If death occurs before or during the trial, the criminal case must be dismissed. This is so because of
the preservation of the constitutional rights of the deceased accused who would not be any more in a
position to defend himself. Further, it would be useless to proceed because the ends of criminal justice
(Retribution and rehabilitation) could not anymore be served. There would be no convict upon whom
the personal penal consequences of the offense could be imposed, neither is there a culprit who needs
rehabilitation (Domondon, Primus Pre-Bar Review Division, 2009 Wrap-Up Review Notes in Criminal
Law, p.97) b. Death of accused pending appeal. The death of the accused pending the appeal of his
conviction will extinguish his criminal liability as well as his civil liability arising from the crime
committed. However civil liability arising from sources other than the crime committed survives and may
be pursued in a separate civil action. Sources of civil liability other than crime are law, contracts, quasi-
contracts, and quasi-delicts. (People vs. Bayotas, G.R. No. 152007, September 2, 1994) c. While death
pending appeal extinguishes criminal liability, the Supreme Court may still review the case. The
accused's death pending appeal of his conviction results to automatic dismissal of the charges. The
Supreme Court may however, review the case and if the accused is found innocent, shall render the
appropriate judgment, belated though it may be to vindicate his sullied honor and redeem his memory
from an undeserved accusation. (Domondon, Primus, 2009 Wrap-Up Review Notes in Criminal Law,
p.97, citing Dumlao vs. Court of Appeals, et al., G.R. No. L-51625, October 5, 1988) 2. SERVICE OF THE
SENTENCE - after the convict served his sentence, his criminal liability is automatically extinguished.
However, service of sentence does not extinguish his civil liability Page 4 of 14 MODULE: Non -
Institutional Corrections Crime is a debt incurred by the offender as a consequence of his wrongful act
and the penalty is but the amount of his debt. When payment is made, the debt is extinguished. 3.
AMNESTY - is granted by Proclamation of the Chief Executive with the concurrence of Congress. It is a
public act of which the courts should take judicial notice. Criminal action or liability is totally
extinguished by amnesty, completely extinguishing the penalty and its effects Amnesty is an act of the
sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised
in favor of a single individual. It is usually exerted in behalf of certain classes of persons, who are subject
to trial but have not yet been convicted. (Reyes, Revised Penal Code (Book Two), 14th ed., p. 831 citing
Brown vs. Walker, 161 U.S. 602) 4. ABSOLUTE PARDON - looks forward and relieves the offender from
the consequences of an offense of which he has been convicted. An absolute pardon not only blots out
the crime committed but also removes all disabilities resulting from the conviction. 5. PRESCRIPTION OF
PENALTY - is the loss or waiver of the State of its right to punish the convict. In other words, prescription
of penalty is the loss or forfeiture of the right of the Government to execute the final sentence after the
lapse of a certain time. Prescription of penalty occurs when the convict escapes from detention or
evades the service of his sentence. Evasion of service of sentence is a condition precedent to the
running of the period. The tolling of period of prescription of penalty occurs when he commits another
crime, or is captured or goes to another country with which the Philippines has no extradition treaty.
Prescriptive period means the period within which a specified action must be filed (Encarnacion, et al.
vs. Producers Bank, et al., G.R. No. 92943, May 8, 1992) 6. PRESCRIPTION OF CRIME OR OFFENSE - refers
to the loss or waiver of the right of the State to prosecute offenders after the lapse of certain time. It
cannot be waived or extended since it is for the benefit of the Page 5 of 14 MODULE: Non - Institutional
Corrections accused. Once prescription has set in, the courts automatically lose jurisdiction. What is the
Effect of Prescription of the Crime? The Supreme Court ruled that: "As prescription of the crime is the
loss by the State of the right to prosecute and punish the same, it is absolutely indisputable that from
the moment the State has lost or waived such right, the defendant may, at any stage of the proceeding,
demand and ask that the same be finally dismissed and he be acquitted from the complaint, and such
petition is proper and effective even if the court taking cognizance of the case has already rendered
judgment and said judgment is merely in suspense, pending the resolution of a motion for a
reconsideration and new trial, and is more so since in such a case there is not yet any final and
irrevocable judgment." (Herrera, Remedial Law IV, 2007 ed., p. 665 citing People vs. Moran, 44 Phil. 391)
7. MARRIAGE OF THE OFFENDED WOMAN UNDER ARTICLE 344, RPC - marriage of the offender with the
offended woman after the commission of any of the crimes of rape, seduction, abduction or acts of
lasciviousness, as provided in Art.344, must be contracted by the offender in good faith. 8. EXPRESS
REPEAL OF PENAL LAW-if a law was enacted and it provides therein that the criminal liability of the
accused is extinguished, then it is an express repeal of a penal law. Causes of Partial Extinction of
Criminal Liability under Article 94 of the Revised Penal Code (RPC) 1. CONDITIONAL PARDON - any
person who has been granted conditional pardon shall incur the obligation of complying strictly with the
conditions imposed therein; otherwise, his non-compliance with any of the conditions specified shall
result in the revocation of the pardon and the provisions of Article 159 shall applied to him. (Art. 95,
Revised Penal Code) Conditional Pardon delivered and accepted is considered a contract between the
sovereign power of the executive and the convict that the former will release the latter upon
compliance with the condition. In conditional pardon, the condition usually imposed upon the convict is
that "he shall not again violate any of the penal laws of the Philippines." Page 6 of 14 MODULE: Non -
Institutional Corrections 2. COMMUTATION OF SENTENCE - simply mean, reduction or mitigation of the
penalty. The commutation of the original sentence for another of a different length and nature shall
have the legal effect of substituting the latter in the place of the former. (Art. 96, Revised Penal Code
Commutation of Sentence is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or by reducing the length of the
imprisonment or the amount of the fine. Minimum Requirements before Commutation of Sentence is
granted A petition for executive clemency may be reviewed only if the petitioner meets the following
minimum requirements: A. For Commutation of Sentence, the prisoner should have served: 1) At least
one half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate
minimum of his indeterminate and/or definite prison terms 2) At least ten (10) years, for prisoners
sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for crimes/offenses not
punishable under Republic Act No. 7659 and other special laws. 3) At least twelve (12) years, for
prisoners whose sentences were adjusted to forty (40) years in accordance with the provisions of Article
70 of the Revised Penal Code, as amended 4) At least fifteen (15) years, for prisoners convicted of
heinous crimes as defined in Republic Act No. 7659 committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1) life imprisonment 5) At least seventeen (17) years,
for prisoners sentenced to two (2) or more reclusion perpetua or life imprisonment even if their
sentence were adjusted to forty (40) years in accordance with the provisions of Article 70 of the Revised
Penal Code, as amended. 6) At least twenty (20) years, for those sentenced to death which was
automatically commuted or reduced to reclusion perpetua or life imprisonment. Page 7 of 14 MODULE:
Non - Institutional Corrections B. For Conditional Pardon, the prisoner should have served at least one-
half (1/2) of the maximum of the original indeterminate and/or definite prison term. 3. GOOD CONDUCT
ALLOWANCES DURING CONFINEMENT - credit earned by an inmate which reduces the duration of his
incarceration. It also refers to time subtracted from a sentence by prison authorities for good behavior
or for other reasons. Special Time Allowance for Loyalty of Prisoner refers to the deduction of 1/S of the
period of the sentence of a prisoner who, having evaded the service of his sentence during the calamity
or catastrophe mentioned in Art. 158 of the Revised Penal Code, gives himself up to the authorities
within 48 hours following the issuance of the proclamation by the President announcing the passing
away of the calamity or catastrophe (Art. 98, RPC) Who May grant Good Conduct Time Allowance
(GCTA)? The Director of Prisons may grant GCTA to an inmate who displays good behavior and who has
no record of breach of discipline or violation of prison rules and regulations Whenever lawfully justified,
the Director of Prison shall grant allowances for good conduct. Such allowances once granted shall not
be revoked. (Art. 99, RPC) What are the Effects of GCTA when granted? The good conduct or behavior of
an inmate shall entitle him to the following deductions from the period of his sentence: a. During the
first two (2) years of his imprisonment, he shall be allowed a deduction of five (5) days for each month
of good behavior; b. During the third to fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction of eight (8) days for each month of good behavior c. During the following years until the tenth
year, inclusive of his imprisonment, he shall be allowed a deduction of ten (10) days for each month of
good behavior and Page 8 of 14 MODULE: Non - Institutional Corrections d. During the eleventh and
successive years of his imprisonment, he shall be allowed a deduction of fifteen (15) days for each
month of good behavior (Art. 97, RPC) Computation of GCTA Calendar months and years are considered
reference to sentences and time served, while thirty (30) days constitute a month in computing GCTA
credits. GCTA of Detainee Life Termer Life Termer A detainee shall only be granted GCTA if he voluntarily
offers in writing to perform such labor as may be assigned to him. In such a case, the credit he may
receive shall be deducted from sentence as may be imposed upon him if he is convicted. An inmate
sentenced to life imprisonment shall not be granted GCTA while his sentence is on appeal.
Revocation/Restoration of GCTA GCTA once granted shall not be revoked without just cause. The GCTA,
which an inmate is deprived of because of misconduct, may be restored at the discretion of the Director
upon the recommendation of the Superintendent. 4. PAROLE --release from imprisonment, but without
full restoration of liberty, as parolee is still in the custody of the law although not in confinement. Parole
consists in the suspension of the sentence of a convict after serving the minimum term of the
indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be
suspended. If the convict fails to observe the conditions of the parole, the Board of Pardons and Parole
is authorized to direct his arrest and return to custody and thereafter to carry out his sentence without
deduction of the time that has elapsed between the date of the parole and the subsequent arrest. Page
9 of 14 MODULE: Non - Institutional Corrections 5. 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. (Sec. 3[a], P.D. No. 968, as amended) Forms of Executive
Clemency 1. PARDON - it is an act of grace given by those charged with the power and authority to
execute laws which exempts the individual subject of pardon from the punishment which the law inflicts
for a crime he has committed. A pardon is an act of grace, proceeding from the power entrusted with
the execution of the laws, which exempts the individual on whom it is bestowed from the punishment
the law inflicts for a crime he has committed. It is the private, though official, act of the executive
magistrate, delivered to the individual for whose benefit it is intended and not communicated officially
to the Court... A pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance. It may then be rejected by the person to whom it is tendered, and if it be
rejected, we have discovered no power in a court to enforce it on him. (United States vs. Wilson, 7 Pet.
(32 U.S.) 150, 160-161[U.S. 1833]) 2. REPRIEVE - the execution of the sentence is stayed or postponed.
(People vs. Vera, 65 Phil. 56, 110 [1937]) A reprieve is a withdrawal or withholding of punishment for a
time after conviction and sentence, and is in the nature of a stay of execution. It postpones the
execution of a sentence to a day certain. Usually, it is granted to a prisoner to afford him an opportunity
to procure some amelioration of the sentence imposed. Reprieve is also another prerogative exercised
by the President of the Philippines. Generally, it is applied to death sentences already affirmed by the
Supreme Court. But it can also be invoked in other cases that have become final. In death sentences, the
date of execution of the death convict is held in abeyance for a certain period to enable the Chief
Executive to temporarily stay execution of sentence. Page 10 of 14 MODULE: Non - Institutional
Corrections A president usually resorts to this to resolve all his doubts and reservations and want to
really establish that the convict truly deserves to be executed. The President may not want to be
conscience-stricken, if later, it is found out that the executed convict did not deserve to die. Reprieve is
also being widely exercised by the President on almost all death convicts because of strong pressure
from various lobby groups. A reprieve differs from a pardon in that the former establishes a temporary
delay in the enforcement of the sentence imposed by the court, without changing the sentence or
forgiving the crime while, a reprieve might be issued for the execution of a prisoner to give time to the
prisoner to prove his or her innocence. 3. PAROLE - refers to the conditional release of an offender from
a correctional institution after he has served the minimum of his prison sentence. The person subject of
parole is released from imprisonment but his liberty is not fully restored because the parolee is still
considered in custody of the law although he is not in confinement. Parole is the planned release and
community supervision of incarcerated offenders before actual expiration of their prison sentences. It is
usually considered a way of completing a prison sentence in the community and is not the same as a
pardon; the paroled offender can be legally recalled to serve the remainder of his or her sentence in an
institution if the parole authorities deem the offender's adjustment inadequate or if while on parole the
offender commits another crime. 4. AMNESTY -is an act of grace given with the concurrence of
Congress. It is usually extended to groups of persons who committed political offenses. It abolishes the
offense itself. 5. COMMUTATION - mitigates or reduces the penalty itself. Commutation is a remission of
a part of the punishment; a substitution of a less penalty for the one originally imposed. In criminal law,
commutation is the substitution of a lesser punishment for a greater one. Commutation of Sentence is
the change in the sentence of the court made by the President which consists in reducing the penalty
imposed upon the offender. Page 11 of 14 MODULE: Non - Institutional Corrections A commutation of
sentence refers to the reduction of the duration of a prison sentence. It is another prerogative of the
President as provided under the Constitution. It is an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term. Example, a death sentence or life imprisonment is
reduced to a shorter sentence. Commutation does not forgive the offender but merely reduces the
penalty of life imprisonment or death sentence for a term of years. A commutation of sentence amounts
to a reduction of the penalty originally imposed. Commutation of sentence may take place even without
the grantee's consent. Under the Revised Penal Code, as amended by Republic Act 7659 (Death Penalty
Law) providing for the re-imposition of the death penalty, commutation of the penalty of death to
reclusion perpetua is provided in cases when a convict is below eighteen (18) years of age at the time of
the commission of the crime or over seventy (70) years of age, or when the required majority vote is not
obtained for the imposition of or affirmance of an imposed death penalty by the Supreme Court En
Banc. Commutation of sentence also benefits inmates sentenced to a fixed or determinate sentence,
which renders him or her ineligible for parole. Commutation of sentence changes the original fixed
sentence to a lesser indeterminate sentence, which will then enable the beneficiary to be released on
parole. Commutation is also appropriate to convicts sentenced to several counts. Minimum
Requirements of Imprisonment before Commutation of Sentence is Granted For Commutation of
Sentence, the inmate should have served: a. At least one-third (1/3) of the definite or aggregate prison
terms; b. At least one-half (1/2) of the minimum of the indeterminate prison terin aggregate minimum
of the indeterminate prison terms; c. At least ten (10) years for inmates sentenced to one (1) reclusion
perpetuo or one (1) life imprisonment for crimes/offenses not punished under Republic 7659 and other
special laws; d. At least thirteen (13) years for inmates who’s indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70
of the Revised Penal Code, as amended, e. At least fifteen (15) years for inmates convicted of heinous
crimes/offenses as defined in Republic Act No. 7659 or other special laws, Page 12 of 14 MODULE: Non -
Institutional Corrections committed on or after January 1, 1994 and sentenced to one (1) reclusion
perpetua or one (1) life imprisonment; f. At least eighteen (18) years for inmates convicted and
sentenced to reclusion perpetua or life imprisonment for violation of Republic Act No. 6425, as
amended, otherwise known as "The Dangerous Drugs Act of 1972" or Republic Act No: 9165 also known
as "The Comprehensive Dangerous Drugs Act of 2002", and for kidnapping for ransom or violation of the
laws on terrorism, plunder. and transnational crimes; g. At least twenty (20) years for inmates sentenced
to two (2) or more reclusion perpetua or life imprisonment even if their sentences were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised
Penal Code, as amended: h. At least twenty-five (25) years for inmates originally sentenced to death
penalty but which was automatically reduced or commuted to reclusion perpetua or life imprisonment.
(Sec. 4, Board of Pardons and Parole (Resolution No. 24-4-10]) 6. REMISSION OF FINES AND
FORFEITURES - it should be noted that remission of fines and forfeitures merely prevents the collection
of fines or the confiscation of forfeited property; it cannot have the effect of returning property which
has been vested in third parties or money in the public treasury. The President can remit a fine or
forfeiture only with respect to those within the interest of the state and not those of private parties
whose rights have been vested and fixed by the judgment. Fines and forfeitures already paid to the
treasury cannot be remitted either since any disbursement of funds therefrom require legislation.
Remission refers to an act of liberality by virtue of which, without receiving any equivalent, the creditor
renounces the enforcement of the obligation, which is extinguished in its entirety or in that part or
aspect of the same to which the remission refers. Fine is a pecuniary punishment imposed by a lawful
tribunal upon a person convicted of crime or misdemeanor. (Esler vs. Ledesma, 52 Phil. 120) Forfeiture is
the incurring of a liability to pay a definite sum of money as the consequence of violating the provisions
of some statute or refusal to comply with some requirement of law. It may be said to be a Page 13 of 14
MODULE: Non - Institutional Corrections penalty for misconduct or breach of duty. (Cabal vs. Kapunan,
116 Phil 1366) Is Suspension of Sentence the same as Reprieve? No. Suspension of sentence is always a
part of the judicial while reprieve is always a part of the executive power. The suspension of sentence
simply postpones the judgment of the court temporarily or indefinitely, but the conviction and liability
following it, and all civil disabilities, remain and become operative when judgment is rendered. Reprieve
on the other hand, is a prerogative exercised by the President of the Philippines (Executive Clemency).
Generally, it is applied to death sentences already affirmed by the Supreme Court. The Instances when
Sentence may be suspended The following are instances or situations in criminal cases wherein the
accused, either as an adult or as a minor, can apply for and/or be granted a suspended sentence: 1.
Where the accused became insane before sentence could be promulgated (Art. 79, RPC); 2. Where the
offender, upon conviction by the trial court, filed an application for probation which has been granted.
(Baclayon vs. Mutia, 129 SCRA 148 (1984]) 3. Where the offender needs to be confined in a
rehabilitation center because of drug-dependency although convicted of the crime charged. 4. Where
the offender is a youthful offender under Art. 192, PD 603, otherwise referred to as the Child and Youth
Welfare Code. 5. Where the crime was committed when the offender is under 18 years of age and he is
found guilty thereof in accordance with R.A. No. 9344, otherwise known as the "Juvenile Justice and
Welfare Act of 2006," but the trial court subjects him to appropriate disposition measures as prescribed
by the Supreme Court in the Rule on Juveniles in Conflict with the Law. 6. The death sentence shall be
suspended upon a woman while she is pregnant or within one year after delivery, (Art. 83, RPC) 7.
Suspension of sentence of a First Time Minor Offender under Article 66 of R.A. No. 9165, known as the
Comprehensive Dangerous Drugs Act of 2002. (U.P Law Center, Suggested Answer for the 2006 Bar
Examination Question No. V, 2008 ed., pp. 19-20) Page 14 of 14 MODULE: Non - Institutional Corrections
Suspension of the Execution of Death Sentence under Article 83 of the RPC Death sentence shall be
suspended when the accused is a: a. Woman, while pregnant; b. Woman, within one year after delivery;
or c. A person over 70 years of age. References: Handbook on NON-INSTITUTIONAL CORRECTIONS
LINNET DOLINEN - GAHAR NOTE: The Office of the President shall not act upon any recommendationfor
executive clemency from the Boardunlessall supporting documents enumeratedabove have been
submitted. (Sec.19, Amended Guidelines for Recommending Executive Clemency)

Page 1 of 6 MODULE: Non - Institutional Corrections Concept and Purpose of Pardon Pardon is defined
as an act of grace given by those charged with the power and authority to execute laws exempting the
individual subject of pardon from the punishment the law inflicts for a crime he has committed. The
grant of pardon is an executive clemency that rests exclusively within the sound discretion of the
President, and is exercised with the objective of preventing a miscarriage of justice or correcting a
manifest injustice. Pardon is an act of grace, proceeding from the power entrusted with the execution of
the laws, which exempts an individual, on whom it is bestowed, from the punishment the law inflicts for
a crime it has committed. It is the private, though official act of the executive magistrate, delivered to
the individual for whose benefit it is intended, and not communicated officially to the court. (De Leon vs.
Director of Prisons, 31 Phil. 64) Chapter 4: Pardon At the end of this chapter the student should be able
to: • Define Pardon • Enumerate different Kinds of Pardon • Understand the Concept and Purpose of
Pardon Page 2 of 6 MODULE: Non - Institutional Corrections Pardon is a form of executive clemency
granted by the President of the Philippines as a privilege extended to a convict as discretionary act of
grace. Neither the legislative nor the judiciary branch of government has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative. It is highly political in nature and is
usually granted in response to popular clamor or to aid in the return to normalcy of a political situation
that might affect the country if not addressed. Pardon is given by the Chief Executive and as such it is a
private act which must be pleaded and proved by the person pardoned because the courts take no
notice thereof. Pardon looks forward and relieves the offender from the consequences of an offense of
which he has been convicted. It abolishes or terminates the punishment, and for that reason does not
work the restoration of the rights to hold public office, or the rights of suffrage, unless such rights are
expressly restored by the terms of the pardon, and it, in no case, exempts the culprit from the payment
of the civil indemnity imposed upon him by the sentence. A pardon is a deed, to the validity of which
delivery is essential, and delivery is not complete without acceptance. The purpose of pardon is to afford
relief from undue harshness or evident mistake in the operation and enforcement of criminal law.
(Domondon, Primus, 2009 Wrap-up Reviewer Notes in Criminal Law, citing Monsanto vs. Factoran, Jr.,
G.R. No. 78239, February 9, 1989) The Proclamation of July 4, 1902, with respect to those offenses
which have arisen out of internal political feuds and dissensions among the Filipinos themselves, such as
the ordinary crimes of murder, robbery, arson, etc., must be regarded in the nature of a pardon.
(Moreno, Phil. Law Dictionary, 3rd ed., p. 675, citing Villa vs. Allen, 2 Phil. 440) A pardon may be general,
applying to all persons falling within a certain category, or it may be conceded to a single individual for
an ordinary crime, in which later case it is a special pardon, and evidenced by a writing, the acceptance
of which is necessary in order that it may become effectual. (Moreno, ibid, p. 675) Different Kinds of
Pardon 1. Absolute Pardon - refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition. It restores to the individual his civil and political rights and
remits the penalty imposed for the particular offense of which he was convicted. Page 3 of 6 MODULE:
Non - Institutional Corrections 2. Conditional Pardon - refers to the exemption of an individual, within
certain or conditions, from the punishment the law inflicts for the offense he has committed resulting in
the partial extinction of the criminal liability. 3. General Pardon - is a pardon which applies to all persons
falling within a certain category. (Villa vs. Allen, 2 Phil. 440) 4. Special Pardon - is s pardon which is
conceded to a single individual for an ordinary crime. (Villa vs. Allen, 2 Phil. 440) Distinguish Amnesty
and Absolute Pardon 1. In amnesty, the effects of a crime are erased or wiped out. Consequently, the
convict is deemed innocent as if no crime was committed at all; in absolute pardon, the convict is
excused from serving the sentence but does not erase the effects of conviction (unless the pardon was
granted when the convict had already served the sentence). 2. Amnesty may be granted even if the
offender has not yet been convicted by virtue of a final judgment; it may be given before or after final
judgment. On the other hand, for absolute pardon to be valid, there must already be a final and
executory sentence. 3. Amnesty is a public act that requires the concurrence of Congress (the House of
Representatives and the Senate); while absolute pardon is a private act of the Chief Executive 4.
Amnesty is given to a class or group of offenders; while absolute pardon is given to an individual convict.
5. Amnesty is extended only to offenders of political crimes; while absolute pardon may be granted
whether the crime is political or non-political. Distinguish Conditional Pardon and Parole 1. The Chief
Executive gives conditional pardon after conviction under the provisions of the Revised Administrative
Code; the Board of Pardons and Parole (BPP) gives a prisoner who has served the minimum of an
indeterminate sentence parole: Page 4 of 6 MODULE: Non - Institutional Corrections 2. For violation of
the conditional pardon, the offender may either be rearrested to serve the remitted penalty or
prosecuted under Article 159 of the Revised Penal Code (RPC); for violation of parole, the convict is
rearrested to serve the unexpired portion of the penalty. Distinguish Suspension of Sentence from
Pardon The power to suspend sentence and the power to grant reprieves and pardons are totally
distinct and different in their origin and nature: 1. Suspension of sentence is always a part of the judicial
power, while pardon is always a part of the executive power, 2. The suspension of sentence simply
postpones the judgment of the court temporarily or indefinitely, but the conviction and liability
following it, and all civil disabilities, remain and become operative when judgment is rendered. A pardon
reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the
punishment and blots out of existence the guilt, so that in the eyes of the law the offender is as innocent
as if he had never committed the offense. It removes the penalties and disabilities, and restores to him
all his civil rights. It makes him as it were, a new man, and gives him a new credit and capacity (Director
of Prisons vs. Judge of First instance, 29 Phil. 294) Distinguish Violation of Conditional Pardon from
Evasion of Service of Sentence by Escaping Violation of conditional pardon does not cause harm or injury
to the right of other persons nor does it disturb the public order; it is merely an infringement of the
terms stipulated in the contract between the Chief Executive and the Criminal. Evasion of the service of
the sentence is an attempt, at least, to evade the penalty inflicted by the courts upon criminals and thus
defeat the purpose of the law of either reforming or punishing them for having disturbed the public
order. (Alvarez vs. Director of Prison, 80 Phil. 50) Effect of Appeal from Conviction by the Trial Court
Page 5 of 6 MODULE: Non - Institutional Corrections Where an accused appealed his conviction by the
trial court to the Court of Appeals (CA), his application for pardon therefore, if one is made, should not
be acted upon or the process towards its grant should not be begun unless the appeal is withdrawn.
Hence, before an appellant may be validly granted pardon, he must first ask for the withdrawal of his
appeal, i.e., the appealed conviction must first be brought to finality, It was held in the case of People vs.
Crisola, 128 SCRA 1, March 2, 1984, that clemency terminates the appeal. However, said ruling was
corrected in the case of People vs. Salle, Jr., G.R No. 103567, December 4, 1995, which provides that,
since pardon can be extended only to one whose conviction is final, pardon has no effect until the
 person withdraws his appeal and thereby allows his conviction to be final. It cannot absolve the convict
of civil liability. In People vs. Nacional, G.R. No. 11294, September 7, 1995, the court said that the grant
of conditional pardon and the subsequent dismissal of the appeal did not relieve the accused of civil
liability. Effect of the Death of Prisoner under Supervision If a prisoner granted conditional pardon dies
during the period of supervision, the Probation and Parole Officer shall immediately transmit a certified
true copy of the prisoner's death certificate to the Board recommending the closing of the case.
However, in the absence of a death certificate, an affidavit narrating the circumstances of the fact of
death from the barangay chairman or any authorized officer or any immediate relative where the
prisoner resided shall suffice. (Sec. 31, Amended Guidelines for Recommending Executive Clemency)
Pardon by the Offended Party Pardon by the offended party in the prosecution of the crimes of adultery,
concubinage, seduction, abduction, and acts of lasciviousness is provided under Article 344 of the
Revised Penal Code (RPC). Distinction of Pardon by the Chief Executive from Pardon by the Offended
Party Page 6 of 6 MODULE: Non - Institutional Corrections 1. Pardon by the chief Executive can extend to
any crime, unless otherwise provided by or subject to conditions in the Constitution or the laws.
Whereas pardon by the offended party applies only to crimes against chastity under the Revised Penal
Code. 2. Pardon by the Chief Executive extinguishes the criminal liability of the offender; such is not the
case when the pardon is given by the offended party, 3. The former cannot affect the civil liability ex
delicto (from or out of a criminal act) of the offender whereas in the latter, the offended party can waive
the civil liability. 4. Pardon by the Chief Executive is granted only after conviction and may be extended
to any of the offender; while in cases where the law allows pardon by the offended party, the pardon
should be given before the institution of criminal prosecution and must be extended to both offenders.
References: Handbook on NON-INSTITUTIONAL CORRECTIONS LINNET DOLINEN – GAHAR

1. Probation is granted to _______ who are sentenced to a prison term of not more than six (6)
years.
           A. recidivist              C. fist time offenders
           B. second time offenders   D. senior citizens
2. The child and youth welfare code of 1974 was promulgated on December 10, 1974 by virtue
of what Presidential decree?
           A. P.D. 613                C. P.D. 916
           B. P.D. 603                D. R.A. 9344
3. What are emphasized under the custodial model of correctional institutions?
A.  reintegration into society
B.  security, discipline and order
C.  rehabilitation and correction
D.  physical and mental upliftment
4. What is the security classification of inmates who have two (2) or more escape records but
have served 8 years since recommitment?
           A. minimum security        C. optimum security
           B. maximum security        D. medium security
5. What is the security classification of an inmate who is criminally insane or with severe
personality or emotional disorder and is dangerous to others?
           A. minimum security        C. maximum security
           B. optimum security        D. medium security
6. ________ program employs prisoners in various product or good productions tasks.
           A. agricultural            C. operational
            B. industrial              D. administrative
7. Which of the following statement is TRUE?
A.  a parolee may be authorized by the parole and probation officer to travel outside his operational
jurisdiction for a period of not more than thirty (30) days.
B.  Outside travel for a cumulative duration of more than thirty (30) days within a period of one (1)
year shall be considered transfer of residence
C.  It is not mandatory for the parolee to comply with the terms and conditions appearing in the
release document
D.  A parolee cannot transfer to a residence other than that indicated in the release document
without prior written approval of the board of pardon and parole
8. What is referred to as hustling inside the prison?
A.  befriending a prison guard
B.  selling illegal commodities
C.  doing assigned prison assignment
D.  reporting illegal activities
9. Juanito is 17 years old when he was convicted for the crime of theft. Can he apply for
probation under the adult probation system?
A.  no, because he is entitled for parole
B.  no, because his crime is theft
C.  no, because he is only 17 years old
D.  no, because he is convicted of a crime

10. It is a correctional model wherein criminals are punished because they have infringed the
rights of others and the security of the sanction should fit the seriousness of the crime.
           A. benefit of the clergy   C. rehabilitation model
           B. custodial model         D. just desert model
11. Who among the following may have his penalty suspended under PD 603?
A.  Eduardo who is 30 years old
B.  Peter who is 10 years old
C.  Ronald who is 25 years old
D.  Jack who is 20 years old
12. What document is issued to a parolee when the maximum period of his prison term has
expired?
A.  certificate of final discharge
B.  certificate of prison term completion
C.  certificate of final release
D.  certificate of final release and discharge
13. It was an age of response to the industrialization, urbanization, technological change and
advancement of science that had revolutionalized the landscape.
           A. age of reform           C. age of correction
           B. age of reason           D. age of enlightenment
14. Which model underscores the assumption that criminal behavior is caused by biological or
psychological conditions that require treatment?
            A. reform model            C. community model
           B. rehabilitation model    D. medical model
15. What is the legal process that results in the removal of conviction from the official records?
           A. exoneration             C. expungement
           B. restriction             D. mitigation
16. The judge will base the grant of probation on the report of the _____.
           A. social worker           C. prosecutor
           B. probation officer       D. police officer
17. When can a drug user or one who is in possession of drugs be placed on probation?
A.  first time offender
B.  first time offender and less than 21 years old
C.  second time offender and less than 21 years old
D.  second time offender
18. Which of the following is considered in the grant of conditional pardon?
A.  good conduct shown
B.  discipline of the prisoner
C.  old age provided that he was not yet 60 years old at the time of his commitment to prison
D.  length of time spend in prison
19. What do you call the pathway between a two towers?
           A. catwalk                 C. pathway
           B. hall way                D. none of these
20. To what penal farm were political prisoners in the 1870’s confined?
A.  sablayan penal colony
B.  san ramon prison penal farm
C.  iwahig penal colony
D.  davao penal colony
21. A married prisoner is visited by his wife and they are granted time for their marital sexual
obligations. This privilege is called?
           A. conjugal partnership    C. conjugal incentive
           B. conjugal vacation       D. conjugal visit
22. What is the movement in 1790 which held that offenders were out of touch with God thus,
they were given bibles and placed in isolation?
           A. reformatory movement    C. quaker reform movement
           B. church reform movement  D. crime prevention movement
23. Where shall Laureta be confined if his sentence is six (6) months or less?
           A. provincial jail         C. city jail
           B. municipal jail          D. new bilibid prison
24. It is a judicial action or legal disposition that allows the offender to remain in the community
subject to conditions imposed by court order.
           A. commutation             C. reprieve
           B. probation               D. parole
25. Which agency performs the evaluation of prisoners fitness and qualifications for the grant of
parole and pardon?
A.  National police commission
B.  Board of pardon and parole
C.  Department of social welfare and development
D.  National bureau of investigation
26. Which of the following institutions is included under the corrections sub- system?
A.  drug rehabilitation center
B.  police
C.  jails
D.  drug enforcement units
27. The theory which affords the society or the individual who was wronged the opportunity to
impose upon the offender such suitable punishment as may be enforced?
           A. retribution             C. deterrence
           B. reformation             D. expiation
28. Who among the following may have his penalty suspended under PD 603?
A.  Pablo who is 25 years old
B.  Juan who is 10 years old
C.  Martin who is 20 years old
D.  Pedro who is 19 years old
29. Sonny is convicted for a crime that carries a prison sentence of more than eight (8) years
and one (1) day. Can Sonny avail of probation?
A.  No
B.  He will be pardoned
C.  He will served 1/ 2 of the sentence in jail
D.  Yes
30. The target of behavior change effort for inmate is not criminality per se but the variety of
problem behavior surrounding criminal lifestyles. Which of the following is NOT a problem
behavior?
A.  ability to relate with others
B.  ability to control anger and frustration
C.  ability to logically and rationally think
D.  deficiency in social skills
 31. Which among the following are the major goals of corrections?
A.  punishment, confinement, retribution, treatment
B.  retribution, deterrence, incapacitation, rehabilitation
C.  deterrence, retribution, punishment, treatment
D.  deterrence, punishment, incapacitation, treatment
 32. Which of the following should NOT a probationer do?
A.  make periodic office report
B.  go and play in a gambling den
C.  work regularly to support his family
D.  stay away from bad associates
 33. Force is used only by correctional institutions to:
A.  exact respect
B.  enforce discipline
C.  show physical strength and power
D.  perform assignments
 34. The Supreme Court automatically reviews the cases of criminals convicted and meted out
the penalty of:
A.  12 years 6 months and one day
B.  life imprisonment
C.  death
D.  6 years, one month and 1 day
 35. Presidential Decree No. 968 established the __________ system.
           A. civilian police         C. juvenile justice
           B. family welfare          D. adult probation
 36. What correctional institution houses accused persons awaiting trial?
           A. rehabilitation center   C. jail
           B. half- way house         D. prison
 37. The following are identified as correctional dilemmas EXCEPT
A.  ambivalent correctional strategies and technique
B.  unclear statement of correctional mission
C.  government support for funding requirement
D.  inadequacy of correctional personnel
 38. The ________ theory in crime causation focuses on the criminal    disorders, chromosomes
irregularity and abnormal brain activity.
           A. psychological theory    C. sociological theory
           B. biological theory       D. political theory
 39.  This was the period when concepts of liberalism, nationality, equality and individualism
dominated social and political thinking in the 18th century in England.
           A. age of reform           C. age of discernment
           B. age of rehabilitation   D. age of reason
 40. What does the classical theory provide?
A.  criminal behavior is inherited and therefore could be controlled by regulating the production of
families
B.  criminal behavior is learned in interaction with other persons in a process of communication
C.  crime and delinquency are symptoms of social and penalty disorders
D.  the basis for criminal liability is human free will and the purpose of penalty is retribution
 41. What correctional goal is referred to when the offender is rendered physically unable to
commit a crime in the future?
           A. deterrence              C. rehabilitation
           B. incapacitation          D. retribution
 42. Under the UN standard minimum rules for the treatment of prisoners, which of the following
are the two (2) basic principles under the rules of general application to prisoners?
1. There shall be not discrimination on grounds of race, color, sex, language, religion, political or
other opinion, national or social origin, birth or other status
2. It is necessary to respect the religious beliefs and moral precepts of the group to which a
prisoners belongs
3. The treatment of prisoners should emphasize not their exclusion from the community, but
their continuing part in it.
4. Unconvicted prisoners are presumed to be innocent and shall be treated as such

           A. 2 and 3                 C. 1 and 2

           B. 3 and 4                 D. 4 and 1
 43. When does punishment have a deterrent effect?
A.  punishment reduces the capacity of an individual to commit a crime
B.  punishment is serious compared with the nature of offense
C.  punishment disgraces the offender before the public
D.  punishment serves as an example to the public thus, discouraging the commission of offense
 44. Who espoused the idea that criminality increases in proportion as one approaches the
equator?
           A. Lombroso                C. Ferri
           B. Garofalo                D. Montesquieu
 45. This is an investigation of behavior based on subject’s responses to questions concerning
activities in which they have engaged.
           A. victimization study     C. social study
           B. self- report study      D. criminological research
 46. Antonio Lava was sentenced to serve a maximum term of imprisonment of not more than
six (6) years. He applied for probation but his application will not be considered if:
1.  he was convicted of subversion of any crime against national security or public interest
 2.  he was previously convicted by final judgment of an offense punished by imprisonment of not less
than one (1) month and one (1) day and / or a fine of not less than Php 200.00
3.  he was previously granted probation
4.  he was previously granted parole

           A. 1, 2 and 3              C. 2, 3, and 4

           B. any of those listed     D. 3, 4, and 1
47. Which of the following is an open correctional institution known to be the best and “prison
without walls”?
A.  Sablayan penal colony
B.  Iwahig penal colony
C.  San Ramon prison and penal farm
D.  Davao penal farm
 48. Among the following factors, which would best determine the extent to which prison
functions are subdivided?
A.  operating programs
B.  adequacy of resources
C.  inmate population and size of the prison/ jail
D.  number of prison staff
49. What law is very supportive for the convicted prisoner after he completely served the
minimum sentenced of his indeterminate prison term of his incarceration can be eligibility for his
early release;
a. Executive Clemency b. PD 968    c. RA 4103     d. RA 4130    
50. Aside from the name, offense committed and the court imposing the sentence, what
information about an alien offender should be reported to the Commissioner of Immigration?
A.  his educational background and profession
B.  name of his wife and children
C.  his age, weight and height
D.  his nationality and number of his alien certificate of registration
 51. What theory provides that criminal behavior is learned in interaction with other persons in the
process of communications?
           A. strain theory          
           B. psychoanalytical theory
           C. social disorganization theory
           D. differential association theory
 52. How are habitual offenders who have been involved in prostitution, drugs, numbers and
shoplifting called?
           A. “Punk”                  C. “Cool”
           B. “The life”              D. “Square”
 53. Who said that punishment should not be more secure than necessary to deter crime
because excessive punishment is unjustified?
           A. Charles Goring          C. Raffaeli Garofalo
           B. Robert Peel             D. Jeremy Bentham
 54. What idea was advocated by John Howard?
A.  Corporal punishment is more effective than other punishment
B.  Prisons should be under the control of the police
C.  Public labor by offenders should be abolished
D.  Reformation will not occur inside penitentiary
 55. When can some prisoners have disciplinary authority over their co- inmates?
A.  When they show “macho” image
B.  When they are of senior age over those to be supervised
C.  When they are of good behavior, more technically skilled and properly trained
D.  When they have grease money
 56. What is the action of the court in case a probationer violated his/ her probation conditions?
A.  Court revokes probation and probationer goes to prison
B.  Court directs probationer to re- apply for probation
C.  Court releases the probationer to the community
D.  Court orders the continuation of probation
 57. You are a legislator who would like to help in the resolution of the labeling problem of ex-
convicts. Which of the following is the best legislative proposal to prepare?
A.  A bill that would expunge all criminal records pertaining to all released prisoners
B.  A bill that would penalize business establishment or offices which will not accept released
prisoners as long as they qualify to the vacant position
C.  A bill that would grant automatic absolute pardon to those who have served atleast 90% of their
sentence
D.  A bill that would grant automatic parole to those who have served atleast 80% of their sentence
 58. There are four (4) concepts of lifestyle in prison. What concept is referred to when inmates
aspire for leadership within the prison subculture and such positions and power in the prison
society?
           A. disorganized criminals  C. doing time
           B. jailing                 D. gleaning
 59. How do inmates know that they have letters?
A.  An inmate trustee delivers the letters to addresses
B.  A list with mails for inmates is posted
C.  Inmates with letters are called to the Jail Warden’s office
D.  A jail officer delivers the letters personally
 60. The RA 4103 known as;
     a. Probation law           b. Executive Clemency
     c. Parole            d. Indeterminate Sentence Law
 61. The correctional principle that “the basis of all social action must be the utilitarian
conception of the greatest happiness for the greatest number” was se forth by:
           A. Montesquieu             C. Becarria
           B. Locke                   D. Voltaire
 62. Female prison reform during the 19th century had the following principles EXCEPT
A.  separation of women prisoners from male
B.  suspension of sentence
C.  control of women’s prison by female management and staff
D.  provision for differential feminine care
 63. How are inmates called when they are of low intelligence or afflicted with psychological or
physical disabilities and who have difficulty in functioning within the prison society?
           A. psychotic criminals     C. adult criminals
           B. disorganized criminals  D. juvenile offenders
 64. A convict is in a __________ if he is placed inside one (1) cell alone and without anybody to
talk to or be seen with.
           A. individual confinement  C. corporal punishment
           B. capital punishment      D. solitary confinement

 65. After release from the jail or prison, when does the parolee present himself to the parole
and probation officer?
A.  atleast one (1) month from release
B.  within three (3) months from release
C.  atleast three (3) weeks from release
 D.  within the period prescribed in the release document
 66. One of the purposes of Adult Probation Law is to:
           A. Promote the correction and rehabilitation of an offender
        by providing him with personalized, community based program
      B. Place the offender outside the police power of the state
      C. Coordinate the workings of the agencies of the criminal justice system
      D. Foster closer relationship between the offender and the judge who promulgated the probation order
. Is Mario qualified for probation if his prison term is arresto mayor?
A.  Yes, his sentence is less than 6 years and 1 day
B.  No, his sentence is 12 years
C.  No, his sentence is 8 years
D.  Yes, his sentence is 6 months
 68. Under this correctional goal, the criminal is rendered physically unable to commit crime in
the future.
           A. retribution             C. incapacitation
           B. deterrence              D. rehabilitation
 69. Who among the following is a provincial prisoner?
A.  a prisoner serving a term below six (6) years
B.  a prisoner serving a term of six (6) years up
C.  a prisoner serving a term of six (6) months and one (1) day to three (3) years
D.  a prisoner serving a term of three (3) years and one (1) day and up
 70. What theory in criminology states that criminals are totally responsible for their behaviors.
The stress is more in the effect of their felonious act than upon the criminal himself.
           A. classical theory        C. biological theory
           B. positivist theory       D. physiological theory
 71. Which two (2) of the following unusual offenders should be under the close supervision of
the Jail Physicians?
1.  mentally- ill
2.  sex deviates
3.  infirm or sick
4.  escape prone prisoners
           A. 1 and 2                 C. 3 and 4
           B. 1 and 3                 D. 2 and 3
 72. Who said that “criminal acts are signals of distress, signals of failures, the spasms of
struggles and convulsions of a sub marginal human being trying to make it in our complex
society with inadequate equipment and preparation”?
           A. John Howard             C. James Wilson
           B. Karl Menninger          D. Jeremy Bentham
 73. The parole and probation administration administers a _________ correctional program.
           A. institutional           C. integrated
           B. community based         D. traditional
 74. Changing criminals through non-punitive means is referred to as _________.
           A. retribution             C. restitution
           B. reformation             D. rehabilitation
 75. Hubert Webb was sentenced to imprisonment on September 30, 2002. On October 5,
2002 the judge who promulgated the decision died. What is the effect of the judge’s death to the
service of Alfonso’s sentence?
A.  He will have to serve his sentence
B.  His sentence will be suspended
C.  His sentence will nit be binding anymore
D.  His sentence will be reduced
 76. Placido was convicted to a prison term of prision correctional. Will he qualify for probation?
           A. no, his sentence is three (3) years and 1 day
           B. no, his sentence is six (6) years and 1 day 
           C. yes, his sentence is less than six (6) years and 1 day
           D. no, his sentence is more than six (6) years and 1 day
 77. What was the system of money compensation in which harm could be atoned for by a
money payment to the injured party?
           A. lex taliones            C. wergild
           B. wite                    D. fine
 78. It is an arrangement where a prisoner goes out of the institution to attend educational
classes.
           A. Vocational program      C. Work Furlough
           B. Guidance counseling     D. study release
 79. What the right to be tried in an ecclesiastical court during the middle ages?
           A. inquisition             C. social contract
           B. benefit of the clergy   D. secular prosecution
 80. Prison work assignments are given to prisons usually _________.
A.  at early morning hours
B.  after recreational hours
C.  before sleeping hours
D.  during middle hours of the day
 81. Which among the following strategies should be developed in order to enhance corrections
in the country?
A.  Development of clear vision, mission, objective
B.  Management of correction efficiency
C.  Integration of correction services
D.  Encouragement of private sector to assist correction
 82. Which among the following factors are considered in petition for executive clemency?
1.  age of the petitioner
2.  gravity of the offense
3.  manner in which offense was committed
4.  petitioner’s institutional conduct or behavior
5.  previous criminal record, if any

           A. 2, 3, 4 and 5           C. all these listed

           B. 1, 2, 3 and 4           D. 3, 4, 5 and 1

83. Joan Pamintuan was convicted of the crime of theft at age 10. What law provides that she
should be released to her family?
A.  Presidential Decree No. 1184
B.  Presidential Decree No. 968
C.  Presidential Decree No. 603
D.  Republic Act no. 9344
84. Who among the following prisoners is a national prisoner?
1.  One who is sentenced to a maximum term of imprisonment of more than three (3) years or to a
fine of more than Php 5,000.00
2.  Regardless of length of sentence, one sentence for violation of customs law or other laws within
the jurisdiction of the Bureau of Customs
3.  Regardless of length of sentence, one sentence for violation of Immigration laws and Election
laws
 4.  One sentenced to serve two (2) or more prison sentences in the aggregate exceeding the period
of three (3) years

           A. 3, 4 and 1              C. 2, 3, and 4

           B. all those listed        D. 1, 2 and 3
 85. One of the following criminologists espoused the idea that the certainty of punishment
outweighs its severity as a deterrent against crime?
           A. Cesare Becarria         C. Charles Goring
           B. Jeremy Bentham          D. William Sheldon
 86. Who was the sheriff of Bedfordshire, England whose writings served to bring about changes
that resulted in the development of the penitentiary?
           A. Cesare Lombroso         C. Jeremy Bentham
           B. Cesare Becarria         D. John Howard
 87. Which of the following is encouraged to give the inmate a respite from the strain of prison
life?
A.  Report unruly behavior of fellow inmates
B.  Maintain wholesome contact with friends and relatives through correspondents
C.  Perform prison assignments/ works diligently
D.  Write his autobiography for others to read
 88. Which of the following is exercised by executive clemency with the concurrence of
Congress?
           A. probation               C. pardon
           B. amnesty                 D. parole
 89. It refers to commission of another crime during service of sentence of penalty imposed for
another previous offense.
           A. recidivism              C. delinquency
           B. quasi- recidivism       D. concurso de delito
90.  It is responsible for carrying out the treatment programs of the prisoners in jails.
           A. Warden                  C. Chaplain
           B. Classification board    D. disciplinary board
91. Pardon cannot be extended to one of the following instances.
           A. murder                  C. brigandage
           B. rape                    D. impeachment
92. He introduced the “Progressive or Mark” system of penal management, which granted
privileges and good conduct time gradually culminating to the offenders release and an
improvement of the ticket of leave. Who was he?
A.  Sir Evelyn Ruggles Brise         
B.  Alexander Machonochie
C.  Sir Walter Crafton
D.  Zebulon Brockway
93. The features of this prison system were confinement of the prisoners in their cells day and night.
           A. Auburn                  C. Pennsylvania system
           B. pre- classical          D. Judea Christian theory
94. A model of correctional history that had been successful for young boys and girls in the
earlier house or refuge and training that was adopted for older offenders.
           A. family model            C. reform model
           B. penitence model         D. rehabilitation model
95. A person who is sentenced to serve imprisonment for not more than three (3) years or to
pay a fine of not more than Php 1,000.00 or both fine and imprisonment.
           A. city prisoner           C. insular prisoner
           B. national prisoner       D. municipal prisoner
 96. This prison system was considered more advantageous because it had been observed that
prisoners could finish more articles when they work in groups than working alone in their
individual cells.
           A. Maison de force         C. Auburn system
           B. none of these           D. Pennsylvania system
97. What law was passed by the U.S. Congress which ended the industrial prison movement?
A.  a law which prohibited the increase of delinquency in prisons
B.  none of these
C.  a law which encouraged the prisoners to be more industrious in the works
D.  a law which prohibited the sale of prison made articles to the public and limited their use to
government owned or controlled institutions
 98. Which of the following types of jail is under the supervision of Bureau of Jail Management
and Penology (BMJP)?
A.  Provincial jail
B.  City and municipal jail
C.  District jail
D.  Insular jail
 99. What is called as the mechanical device, contrivance or tools used to hold back, keep in
check or under control a prisoner?
A.  instrument of restraint
B.  iron leg lock
C.  handcuffs
D.  metallic chains        
100. Under the prison service manual, what is the prescribed color of prison uniform for
maximum-security prison?
           A. blue                    C. yellow
           B. white                   D. orange

A probationer is allowed to do the following EXCEPT,

a. Stay away from bad associates

b. Work regularly to support his family

Make periodic report

d. Go and play in a gambling den

Who mong the following may have his penalty suspended under. PD 603?

a. Pedro who is 19 years old

b. Juan who is 20 years old

c. Martin who is 10 years old

d. 25 years old Pablo

C

A judicial action or legal disposition that allows the offender to remain in the comunity subject to the
conditions imposed by the court.

a. Reprieve

b. Commutation

c. Probation

d. Good Conduct Time Allowance

Which agency performs the evaluation of prisoner' s fitness and qualifications for the grant of Pardon or
parole?

a. Board of Pardon and Parole

b. National Police Comission

c. Department of Social Welfare and Development

d. National Bureau of Investigation

What is the movement in 1790 which held that offenders were out of touch with God thus, they were
given Bibles and placed in isolations?

a. Quaker reform movement

b. Reformatory movement

c. Church Reform movement

d. Crime prevention movement

What is the legal process that results in the removal of convicton from the official records?
a. Mitigation

b. Expungement

c. Exoneration

d. Restriction

The judge's bases of the grant of probation relies on the report of?

a. Prosecutor

b. Police officer

C· Probation officer

d. Social worker

Which model emphasize the assumption that criminal behavior is caused by biological or psychological
conditions that require treatment?

a. Medical model

b. Reform model

C. Rehabilitation model

d. Community model

What document is issued to a parolee when the maximum period of his

prison term has expired?

a. Certificate of final discharge

b. Certificate of final release and discharge

C. Certificate of prison term completion

d. Certificate of final release

A
Billy the kid was 17 years old when he was convicted for the crime of theft. Can he apply for probation
under the Adult Probation System?

a. No. Because his crime is theft

b. No. Because he is only 17 years old

C. No. Because he is entitled for parole

d. No. Because he is convicted of a crime

An ________ program employs prisoners in various product or good- producing tasks.

a. Agricultural

b. Industrial

C. operational

d. Aministrative

What is referred to as hustling inside the prison?

a. Reporting illegal activities

b. Doing prison assignment

C. Using prohibited drugs

d. Selling illegal commodities

What institution conducts training program for uniformed personnel of the Bureau of Jail mnagement
and Penology?

a. PNP training center

b. Fire service training institute

C. Jail management training institute

d. PNP academy

C
Maria Clara was required to provide financial remuneration for the losses incurred by the victim. What is
this type of sentence?

a. Fine

b. Payment

C. Retribution

d. Restitution

Which of the following organizations donated the Half-way House inside the compound of the Bureau of
Corrections?

a. Office of the President

b. Philippine Charity Sweepstakes office

C. United Nations Security Council

d. Asia Crime Foundation

Robin Padilla served his sentence at the New Bilibid Prison in Muntinlupa. Why was he photographed a·t
the Reception and Diagnostic Center?

a. It is a rare opportunity to have his photograph

b. He is an actor and photogenic

c. Photographing the inmate is part of the reception procedure

d. To have a souvenir photo of the actor

Detention prisoners who are awaiting judgment or trial of their case are under the supervision and
control of,

a. Bureau of Corrections

b. Provincial jails

C. Davao penal colony

d. Bureau of Jail Management and Penology

A minimum and maximum amount of time to be served in prison isreferred to as ____________

a. A determinate sentence

b. A corporal punishment

c. A Indeterminate sentence

d. A Capital punishment

Who advocated the principle that the basis of all social actions must be the utilitarian conception of the
greatest happiness for the greatest number?

a. John Howard

b. Jeremy Bentham

C. Cesare Becaria

d. George Vold

Prison work assignments are usually given to prisoners,

a. After recreational activities

b. At early morning hours

c. Before sleeping hours

d. During middle hours of the day

An arrangement where prisoner goes out of the institution to attend educational classes.

a. Study release

b. Work furlough

C. Guidance counseling
d. Vocational program

Who said that "criminal acts are signs of distress, signals of failures, the spasm of struggles and
convulsions of a sub marginal human being trying to make it in the complex society with inadequate

equipment and preparation"

a. John Howard

b. James Wilson

C. Jeremy Bentham

d. Karl Menninger

The parole and probation administration administers a _________ corrections program.

a. Integrated

b. Community-based

C. Traditional

d. Institutiona1

Changing criminals through non-punitive means is referred to as

a. Restitution

b. Retribution

c. Reformation

d. Institutional

Jose Matalo was sentenced to imprisonment on Sept. 30,2003. 0n Oct. 20, 2003 the judge who
promulgated the decision died. What is the

effect of the Judge's death to the service of Jose' s sentence?

a. His sentence will not be binding anymore

b. He will have to serve his sentence

c. His sentence will be suspended

d. His sentenced will be reduced

Who among the following prisoners is a national prisoner?

1. 0ne who is sentenced to maximum term of imprisonment of more than 3 years or a fine more than
5,000.

2. 0ne sentenced to serve 2 or more prison sentences in the aggregate exceeding the period of 3 years.

3. Regardless of the length of service, one sentenced for violation of Custom Law or other laws within
the jurisdiction of the Bureau of Customs

4. Regardless of the length of sentence, one sentenced for violation of Immigration Laws and Election
Laws.

a. 1, 2, and 3

b. 2,3, and 4

c. 1, 3, and 4

d. all of the listed

This theory in criminology states that criminals are totally responsible for their behaviors and the stress
is more on the effect of their felonious act than upon the criminal himself.

a. Biological theory

b. Positivist theory

C. Classical theory

d. None of the above

What is the action of the court in case a probationer violated his probation conditions?

a. Court directs probationer to re apply for probation

b. Court orders the continuation of the probation

C. Court releases the probationer to the community

d. Court revokes probation and probationer goes back to prison

How do inmates know that they have letters?

a. A list of mails for inmates is posted

b. A jail guard delivers the letter personally

c. An inmate trustees delivers the letters to the addressee

d. Inmate with letters are called to the Jail Warden' s office

Who introduced the Silent System in 1831 at the Auburn Prison?

a. John Howard

b. Jeremy Bentham

C. E1am Lynds

d. James Wilson

Forced is used only by correctional institutions to,

a. Exact respect

b. Enforce discipline

C. Show physical strength and power

d. Perform assignments

The Supreme Court automatically reviews the cases of criminals convicted and meted out the penalty of,

a. 12 years 6 months and 1 day

b. Life imprisonment
c. Death

d. 6 years, 1 inonth and 1 day

Presidential Decree No. 968 established the _________ system.

a. Adult Probation

b. Juvenile Justice

C. Family Welfare

d. Civilian Police

What correctional institution houses accused awaiting trial?

a. Prison

b. Half-way house

C. Jail

d. Rehabilitation center

Which of the following is an open correctional institution known to be the best and "prison without
walls"?

a. Davao penal colony

b. Sablayan penal colony

C. Iwahig penal colony

d. San Ramon prison and penal farm

The first workhouse in England in 1557 to 1576.

a. Singsing prison

b. Bridewell
c. Alcatraz

d. Walnut Street Jail

A prison system which includes confinement of prisoners in single

cells at night and congregate work in shops during the day.

a. Pennsylvania system

b. Auburn system

C. Elmira reformatory

d. Irish system

He introduced the worldwide progressive mark system in prison.

a. Manuel Montesimos

b. Walter Crofton

c. Alexander Macanochie

d. Zebulon Brockway

He has the supervisory powers over all provincial and city jails but his powers are limited in the sense
that they are advisory and recommendatory only.

a. Secretary of Justice

b. Warden

c. Chief Justice

d. Director of prison

The period of 1870 to 1880 was called the __________ of penology.

a. Age of Reason
b. Age of Reform

c. Age of Enlightenment

d. Golden Age

Granted by the Chief Executive without any conditions attached which serves to wipe away the guilt of
pardonee and makes him innocent as if he has not committed a crime.

a. Pardon

b. Absolute Pardon

c. Conditional Pardon

d. Parole

It is also known as the "Industrial Good Time Law"

a. Republic Act No. 2489

b. Republic Act No. 6425

c. Act No. 2489

d. Act No. 3815

First Juvenile Delinquency Law in the Philippines.

a. Commonwealth Act No. 3203

b. Republic Act No. 7610

c. Presidential Decree No. 603

d. Republic Act No. 9344

When was the establishment of the Correctional Instituton for Women?

a. November 01, 1929

b. November 12, 1929

c. November 27, 1929

d. November 17, 1929

It is an order issued by the court to a correctional facility indicating the basis for the confinement of a
prisoner

a. Mittimus

b. Carpeta

C. Commitment order

d. Arrest Report

Preliminary form filed up by the petitioner within 72 hours after the release of his probation order

a. Arrest and Booking Report

b. Release form

C. Work Sheet

d. None of the above

A chemical that is injected to an offender that puts him into deep sleep in lethal injection.

a. Potassium chloride

b. Hydorgen peroxide

c. Sodium thiopenthotal

d. Sodium chloride

In the exercise of religious beliefs of prisoners, a prison official trying to covert a prisonerr to change his
religion.
a. Proselytizing

b. Restitution

C. Reparation

d. Compensation

How many minutes is the allowable time for an inmate to use the telephone?

a. 5 Minutes

b. 10 Minutes

c. 15 mutes

d. 20 Minutes

An act which creates a Board of Claims under DOJ for claims for compensation of victims of violent
crimes.

a. Republic Act No. 7903

b. Republic Act No. 7309

c. Republic Act No. 3709

d. Republic Act No. 3079

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

a. 15 days

b. 30 days

c. 60 days

d. 90 days

If two (2) inmates are arguing each other of some lost of their items in cell, refer them to the ________
a. Warden

b. Investigation and disciplinary board

c. Classification board

d. Never mind them

Mandated as the "age of reason"

a. 17th century

b. 18th century

c. 19th century

d. 20th century

A system that teaches inmates to value himself and his dealing with others.

a. Auburn system

b. Pennsylvania system

c. Millien system

d. Congrete system

When was the Bilibid prison established?

a. 1845

b. 1846

c. 1847

d. 1848

It is extended to a group/class of persons generally exercised by

the Chief Executive with the concurrence of congress.

a. Pardon

b. Commutation of sentence

c. Parole

d. Amnesty

An executive clemency given for the temporary stay of the execution of sentence.

a. Amnesty

b. Reprieve

c. Commutation of sentence

d. Pardon

An executive clemency intended to reduce the degree of penalty

inflicted upon the convict, or by decreasing the length of his

imprisonment.

a. Amnesty

b. Reprieve

c. Commutation of sentence

d. Pardon

A privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment for his
good behavior.

a. Amnesty

b. Reprieve

c. Commutation of sentence

d. Good Conduct Time Allowance

D
A school of criminology which maintain the doctrine of psychological hedonism or freewi11.

a. Classical School

b. Neo classical school

c. Positivist scbool

d. None of these

Also known as the Juvenile and Youth Welfare Code.

a. BP 603

b. RA 9344

c. PD 603

d. RA 603

Before taking out the prisoner to jail, he will be pre-release to ________

a. Diagnostic and Reception Center

b. Reception

C. Classification board

d. Disciplinary board

When you are once on probation, are you still allowed to apply for the second time?

a. Yes

b. No

c. True

d. False

B
Under our laws, when should a probationer report to his designated

probation officer?

a. Within 72 hours after probation order has been granted

b. Upon court order

c. Upon initial interview

d. Upon completion of the PSIR

Having a pornographic materials inside jail is a?

a. Minor offense

b. Grave offense

c. Less grave offense

d. Major offense

It is the national record of a prisoner at New Bilibid Prison

a. Mittimus

b. Carpeta

c. Commitment order

d. Arrest record

It is considered as the best reform institution for young offenders.

a. Elmira reformatory

b. Auburn prison system

c. Borstal institution

d. Bridewell penitentiary

C
Among the colonies established in the Philippines, what penal colony was established in Zamboanga?

a. Iwahig Penal Colony

b. Sablayan Penal Colony

c. Camp Sampaguita

d. San Ramon Penal Colony

Who is the Father of Probation in England?

a. Calvin Coolidge

b. Teodulo Natividad

c. Mathew Davenport Hill

d. John Howard

What is the afe requirement for drug user for admission for probation under RA 6425?

a. Less than 21

b. 25 years old and above

c. 21 years old and above

d. 25 years old and below

The head of Bureau of Corrections is the Director of prisons who is appointed by the _________ with the
confirmation of the

Comission on Appointments.

a. Chief Executive

b. DOJ Secretary

c. DILG Secretary

d. None of the above

A
It refers to the money paid to the relatives of a murdered person as compensation and to prevent blood
feud.

a. Wergild

b. Restitution

c. Compensation

d. Reprimand

Theory which states that criminal behavior is learned in interaction with other persons in the process of
communication.

a. Differential Association Theory

b. Strain Theory

c. Classical Theory

d. Positivist Theory

A justification of punishment which state that "Severity of the punishment must fit the crime".

a. Expiation

b. Atonement

c. Retribution

d. Deterrence

Probation order will take effect-

a. Before its issuance

b. Upon order by the court

c. Upon its issuance

d. When the offender will be found guilty

C

Provincial prisoners are prisoners with imprisonment ranging from?

a. 1 day to 3 years

b. 6 months, 1 day to 5 years

c. 3 years to life

d. Not more than 6 months

How many hectares do the San Ramon Penal Colony has?

a. 1,414 hectares

b. 2,414 hectares

c. 3,414 hectares

d. 4,141 hectares

It has been regarded as the forerunner of modern penology due to its extensive use of parole, social
casework and training school type of instituton.

a. Pennsylvania System

b. Auburn System

c. Elmira Reformatory

d. All of these

San Ramon Penal Colony is an institution intended to detain or house?

a. Convicted offenders

b. Political offenders

c. Private offenders

d. None of these
B

P01 Doling was convicted to serve a penalty of 6 years of imprisonment for usurpation of a person in
authority due to his frequent introduction of himself as NBI agent, what would be his

classification under PD 29?

a. Detention prisoner

b. Provincial prisoner

c. Municipal Prisoner

d. National Prisoner

A method undertaken to allow prisoners to have the opportunity for normal sexlife.

a. Visitation

b. Sodorny

c. Conjugal visit

d.Aall of these

It serves as the basis in granting probation for qualified petitioners.

a. Pre sentence investigation report

b. Post sentence investigation report

c. Admission summary

d. Behavior report

It refers to the continuing relationship between the probationer and the probation officer.

a. Orientation

b. Post sentence investigation

c. Supervision
d. None of the above

Before the travel of probationer outside the jurisdiction of the City/Provincial probation office,
application for court should be filed within how many days?

a. 45 days

b. 30 days

c. 15 days

d. 5 days

The probation officer is required by law to submit the PSIR within how many days?

a. 90 days

b. 60 days

c. 120 days

d. 30 days

Provincal jail is under what government agency?

a. Provincial government

b. Department of Justice

c. Bureau of Correction

d. None of these

Those sentenced to suffer a term of imprisonment from one (1) day to six (6) months are classified as:

a. Provincial prisoners

b. City prisoners

c. Insular prisoners
d. Municipal prisoners

It is one of the earliest device for softening brutal severity of punishment through a compromise with
the church.

a. Benefit of clergy

b. Rehabilitation

c. Retribution

d. None of the foregoing

An operation conducted by BJMP officers where a prisoner maybe

checked at anytime for possession of contrabands inside prison cell

a. Man-haunt operation

b. Operation greyhound

c. operation Bravo

d. Thunderbolt operation

Designated rank of a warden in city jails

a. Inspector

b. Chief inspector

c. Superintendent

d. Director

Differentiate National prisoners from that of City prisoners.

A. National prisoners are those sentenced to suffer a term of

imprisonment from one (1) day to six (6) months, while City prisoners are those sentenced to suffer a
term of imprisonment of Three (3) years and one (1) day to Life imprisonment.

B. National prisoners are those sentenced to suffer a term of imprisonment from one (1) day to (3) years
or a fine of not more than

1,000 pesos or both, City prisoners are those sentenced to suffer a

term of imprisonment from one (1) day to six (6) months

C. National prisoners are those sentenced to suffer a term of

imprisonment from one (1) day to (3) years or a fine of not more than 1,000 pesos or both, while City
prisoners are those sentenced to suffer a term of imprisonment of Three (3) years and one (1) day to
Life imprisonment.

D. National prisoners are those sentenced to suffer a term of

imprisonment of Three (3) years and one (1) day to Life imprisonment, while City prisoners are those
sentenced to suffer a term of imprisonment from one (1) day to (3) years or a fine of not more than

1,000 pesos or both.

A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who
are the source of constant disturbances even in a maximum security prison and wear

orange color of uniform.

a. Medim Security Prisoners

b. Maximum Security Prisoners

c. Super Maximum Security Prisoners

d. Minimum Security Prisoners

The exercises supervision and control over all districts, cities and municipal jails throughout the country.

a. Bureau of Jail Management and Penology

b. Department of the Interior and Local Government

c. Department of Justice

d. Bureau of Corrections

A
Under the rules, methods and procedures of probation, the reglamentary period for which the convicted
offender may apply for

probation after conviction is within-

a. 10 days

b. 15 days

c. 20 days

d. 30 days

Which branch of the Administrative Group takes charge of the preparation of the daily menu, prepares
and cook the food and serve it to ininates.

a. Property and supply branch

b. Budget and finance branch

c. Mass service branch

d. General service branch

____________ is a security facility, common to police stations used for temporary confinement of
individual held for investigation.

a. Ordinary Jails

b. Lock-up jails

c. Workhouse, jail farms or camp

d. None of these

It is a justification of punishment which claims that punishment gives lesson to the offender by showing
to others what would happen to them If they violate the law.

a. Retribution

b. Expiation
c. Incapacitation

d. Detterence

Rooms or cells where prisoners are held, especially underground, are called-

a. Gaols

b. Dungeons

c. Fox holes

d. Hulks

Under the law, a prisoner who surrenders from escaping because of

calamity, immediately within 48 hours after pronouncement of the passing away of calamity, is granted-

A. 1/5 reduction of sentence

B. 1/2 reduction of sentence

C. 2/5 reduction of sentence

D. 2/6 reduction of sentence

What branch of the government has the sole authority to exercise the pardoning power?

A. Executive Brancih

B. Judicial Branch

C. Legislative Branch

D. All of the above

The Post-Sentence Investigation report shall be approved by the _______

A. Head, Probation office

B. Social Worker
C. Chief of Police

D. Judge

What is the action of the court in case a probationer violated his/her probation conditions?

A. Court release the probationer to the community

B. Court revokes probation and probationer goes to prison

C. Court orders the continuation of probation

D. Court directs probationer to re-apply for probation

In maintaining health, safety and sanitation inside jail premises, jail officers are responsible for the
following,

EXCEPT

A. Scrub all floors, walls and ceilings

B. Supervise hygiene habits of inmates

C. Ensure proper handling and labeling of hazardous materials

D. Prepare a cleaning schedule

Which of the following is a manifest function of parole?

A. To protect the public

B. To integrate parolees into society

C. To ease prison and jail overcrowding

D. To remedy sentencing disparities

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

A. Certificate of Prison Term Completion

B. Certificate of Final Release

C. Certificate of Final Discharge

D. Certificate of Final Release and Discharge

This approach to the explanation of crime traces behavior as a deviation to the regression of basic
drives.

A. Physiological approach

B. Psycho-analytical approach

C. Biological approach

D. Psychological approach

A convicted offender may avail of probation as a/an

A. Choice

B. Right

C. privilege

D. option

Sociologists look at corrections as

A. The intervention which documents the attitudinal response of offenders and staff to the processes of
punishment.

B. The medium through which prisoners change their behavior and attitudes.

C. A total institution in which the basic physiological needs of prisoners were to be met away from the
outside world.

D. The consolidation of interactions between correctional officers and the prisoners.

The BukangLiwayway Camp of the New Bilibid Prson houses the:

A. Mentally Deranged Prisoners

B. Minimum Security Inmates

C. Minimum Securi ty Inmates

D. Maximum Security Inmates

The probation law which was enacted on July 24,1976 is oftentimes referred to as:

A. Presidential Decree No. 126

B. Presidential Decree No. 28

C. Presidential Decree No. 807

D. Presidential Decree No. 968

What does the classical theory provide?

A. Criminal behavior is learned in interaction with other persons in a process of communication

B. Crime and delinquency are symptoms of social and penalty disorders

C. The basis for criminal liability is human freewill and the purpose of penalty is retribution

D. Criminal behavior is inherited and therefore could be controlled by regulating the reproduction of
families

The study of criminality in relation to population is called

A. Criminal psychology

B. Criminal demography

C. Criminal psychiatry

D. Criminal ecology

Which of the following should not be done by a probationer?

A. Pursue his rehabilitation program

B. Engage in illegal activities

C. Abstain from drinking intoxicating liquors

D. Reside at premises approved by the trial court

How is one who is sentenced to prison

term of three (3) years and one (1) day to death reffered to?

A. National prisoner

C. municipal prisoner

B. Provincial prisoner

D. city prisoner

Which of the following is NOT a guaranteed right of an inmate?

A. To receive authorized visitors at designated time and place

B. To be confined in a private hospital if sick

C. To send and receive correspondence

D. To practice his faith or religion

Presidential Decree No. 968 as amended grants probation to qualified adult offenders while Presidential

Decree No. 603 grants probation to offenders.

A. Sexual

B. Blue-collar

C. criminal

D. youthful

D
How is accuracy in counting prisoners ensured?

A. Mere presence of shoes under the bed is taken as

presence of a prisoner.

B. Bastonero takes charge of checking presence of co- inmates.

C.A list is passed around and the name of ofender ls checked.

D. Physical counting, with the person standing and the jailguards looking from head to foot.

What is a warrant issued by the court bearing its seal and the signature of the judge directing the jail or
prison

authorities to receive the convicted offender for the service of sentence imposed therein?

A. Warrant

B. Nolle

C. order of acceptance

D. Mittimus

Juan was charge with an offense with a penalty of not more than six (6) months and/or a fine of 2,000,
or both. His realease to a responsible person in a community instead of filing a bail bond as ordered by
the court ls called?

A. Release on probation

B. Release on recognizance

C. release on parole

D. release due to pardon

Who may be granted conditional pardon?

A. An old prisoner provded he was not yet 60 when he/she was put to prison.

B. A prisoner who was the "bastonero "

C. A prisoner who is a female.

D. A probationer who broke his probation conditions.

What is the action of the court in case a probationer violated his/her probation conditions?

A. Court directs probationer to re-apply for probation

B. Court releases the probationer to the comraunity

C. Court revokes probationer and probationers goes to

pri son

D. Court orders the continuation of probation

Where shall those who are sentenced to a prison term of more than three (3) years sent to?

A. Jails under provincial government

B. Correctional facilities of the Bureau of Corrections

C. Jails of the Bureau of Jail Management and Penology

D. Detention cells of the police

In the United States, home confinement or house arrest may be imposed by the courts and the
offenders are confined

in their own residences but are placed under

A. Probation Supervision

B. Electronic monitoring

C. Intensive probation Supervision

D. Parole supervision

What is that portion of the criminal justice system that carries out the court's orders?

A. Law enforcement
B. Corrections

C. community

D. prosecution

When shall an inmate's request to view the remains of a deceased relative be filed with the jail warden?

A. At least one (1) day before the privilege sought is enjoyed

B. At least one (1) week before the privilege sought is enjoyed

C. At least five (5) days before the privilege sought is enjoyed

D. At least three (3) days before the privilege sought is enjoyed

Which of the following is a sub-colony of the Davao Penal Colony where released prisoners who no
longer wish to return to their homes stay and work?

A. Panabo Sub-colony

B. Kapalong Sub-colony

C. Inagawan Sub-colony

D. Tanglaw Settlement

The _________ theory assumes that people are law-abiding but under great pressure they will resort to
crime and that disparity between goals and means provided that pressure

A. Psychoanalytic

B. Strain

C. Social learning

D. differential association

A term which denotes a new trial as when an appellate court sends a case back to a lower court for re-
trial
A. Trial by jury

B. Trial by default

C. trial de Novo

D. trial by publicity

Juanito is 17 years old when he was convicted for the crime of theft. Can he apply for probation under
the Adult

Probation System?

A. No. Because his crime is theft

B. No. Because he is entitled for parole

C. No. Because he is only 17 years old

D. No. Because he is convicted crime

The Post-Sentence Investigation Report is submitted to court within the

A. 60-day period

B. 45-day period

C. 15-day period

D. 30-day period

Why do all members of the custodial force proceed or directed to go to their critical posts armed with
their

issued firearms when there is mass jailbreak?

A. To shoot any of the escapees

B. To protect other inmates

C. To plug off the escape routes

D. To make warning shot

C

There is a ________ in the maximum sentence of an offender when he is granted good conduct-time
allowance.

A. Modification

B. Increase

C. reduction

D. nullification

________ conditions are designed to increase the painfulness of probation such as imposition of fines
and

community service.

A. Standard

B. Punitive

C. treatment

D. rehabilitation

Punishment is associated with the __________ model while treatment is associated to medical model.

A. Reintegrative

B. Retributive

C. Justice

D. Restorative

How are the inmates called when they are given special privileges such as work assignments which are
not done at the regular times?

A. Correctional officers

B. Trustees
C. officers

D. guardians

Disciplinary power cannot be exercised by a prisoner over his co-prisoners. However, technically skilled

prisoners may ________

A. Supervise prison labor

B. Be requested to assist other prisoners

C. Provide direction to livelihood program

D. Run the whole show for livelihood program

Julio Camacho is an inmate suffering from asthma. He has serious attacks lately and has difficulty in
breathing.

Can he be brought to the hospital?

A. Yes, If hospitalization is necessary

B. No. Ieft the prison nurse give the medication

C. No. It is against prison rule

D. Yes, but a court order has to be secured first

What is the practice of beating, torturing, maiming or any form of causing pain to a prisoner called?

A. Corporal punishment

B. Capital punishment

C. Medical model of punisment

D. Indeterminate punishment

The Sablayan Penal Colony of the Bureau of Corrections is located in:

A. Davao

B. Palawan

C. zamboanga

D. occidental Mindoro

What is meant by "hustling" inside the prison?

A. Staying incommunicado for a period of time

B. Selling illegal commodities such as drugs, alcohol weapons

C. Heating a prisoner for bad behavior

D. Staying at work in a congregate shop

What facility was built recently within the Bureau of Correctios site for the purpose of housing prisoners
who are about to be released?

A. Recreation Area

B. Half Way House

C. Congregation Shop

D. Reception Diagnostic Center

Which of the following terms is most closely associated to the day-to-day operations of the various units
within the organization?

A. Control

B. Administration

C. management

D. supervision

C
Which office evaluates the fitness and qualifications of prisoners for the grant of pardon and parole?

A. Board of Pardon and Parole

B. Department of Social welfare and Development

C. Parole and Probation Administration

D. Department of Justice

Which if the following is considered in the grant of conditional pardon?

A. O1d age provided that he was not yet 60 years old at the time of his commitment to prison

B. Discipline of the prisoner

C. Good conduct shown

D. Length of time spent in prison

Probationers are given the opportunity to engage in productive and income generating projects through
the _________

A. Vocational training program

B. Rehabilitation program

C. Medical assistance program

D. Livelihood program

Citizen involvement in corrections is anchored on the fact that :

A. Society is fearful of the effects of crime and it must abate such fear for the unknown

B. Society is collectively responsible for the conditions that breed injustice and crime thus, it must have
an equal responsibility for collective remedial action

C. There is profit in being involved in correctional programs

D. There is personal gratification in helping criminals

B
The post-Sentence Investigation Report shall be approved by the

A. Head, probation office

B. Social Worker

C. Judge

D. Chief of Police

Is a person convicted of treason qalified for probation?

A. Yes, as long as he is first-time offender.

B. No. Hits crime is aganst the security of the state

C. Yes, everyone is qualified for probation

D. Yes, as long as he is a Filipino

The probation supervision period maybe terminated on any of the following grounds, EXCEPT

A. order of the Secretary of Justice

B. Death of the probationer

C. Successful completion of program

D. Probation revocation for cause

What is the newly legislated method of implementation death penalty?

A. Firing squad

B. Hanging

C. lethal injection

D. electrocution

C
Prevention is as associated to reintegration model and control Is associated to ____________ model.

A. Restorative

B. Medical

C. custodial

D. justice

What is tbe primary purpose of the pre sentence investigation?

A. To help the judge in selecting the appropriate sentence of the offender

B. To exollerate the offender

C. To assist the judge in dismissing the case

D. To give the offender an opportunity to defend himself

What is temporary stay of execution of sentence exercised by the President when the sentence has
become

final?

A. Reprieve

B. Absolute pardon

C. Conditional pardon

D. Probation

Retribution, deterrence, incapacitation and rehabilitation are the acknowledge goals of __________

A. Criminal Action

B. Criminal mind

C. criminal Sanction

D. criminal intent

C
When is a probationer required to report to probation officer?

A. Within 24 hours from receipt of probation order

B. Within 96 hours from receipt of probation order

C. Within 72 hours from receipt of probation order

D. Within 48 hours from receipt of probation order

What is the most common form of sexual perversion in prison and jail facilities?

A. Sodomy

B. Masturbation

C. homosexuality

D. Pseudo marriages

What is being referred to when the warden is directly responsible for any act or omission of his
subordinates in relation to the performance of their duties?

A. Delegation of authority

B. Command responsibility

C. supervision

D. flow of communication

Who shall endorse to the Board of Pardons and Parole a petition for the grant of absolute or conditional
pardon

if the crime comitted by the petitioner is

violation of laws, rules and regulations?

A. National Police Commission

B. Civil Service Comssion

C. Commis sion on Elections

D. Commission on Hwan Rights

To what institution are convicted women offenders committed?

A. Iwahig Penal Colony

B. Davao Penal Colony

C. San Ramon Penal Farm

D. Correctional Institution for Women

A convicted offender whose age is ___________ can apply for probation.

A. 21 years old or above

B. 18 years old or above

C. 12 years old or above

D. 16 years old or above

Which of the following information are included in the prisoner's carpeta?

1. Commitment order

2. Prosecutor' s information

3. Decision of trial and appellate courts

4. Personal circumstances

a. 2, 3, and 4

b. 4, 1, and 2

c. 1, 2, and 3

d. 3, 4, and 1

C
What prison/jail unit is responsible for the investigation of inmates who violate prison/jail rules and
regulations?

A. Action Boards

B. Disciplinary

C. Appellate Board

D. Board of investigator

Which two (2) of the following offenses of prisoners are considered less grave?

1. Acting boisterously during religious, social and other group functions.

2. Loitering or being in an unauthorized place.

3. Keeping in his possession money, jewelry or other contrabands.

4. Assaulting any officer or member of a custodal force.

A. 3 and 4

B. 4 and 1

C. 2 and 3

D. 1 and 2

The stigma of conviction is removed as the criminal records are expunged through ?

A. Absolute pardon

B. parole

C. confidential pardon

D. reprieve

Which of the following refers to prison

classification?
A. A process by which inmates are assigned to types of custody and treatment appropriate to their own
individual needs

B. A process by which inmates are grouped for purposes of sentence determination

C. A process by which inmates are registered and assigned their prison cells

D. A process by which inmates are assigned to prison guards for

In 1869 the Spanish authorities established the separate prison in Zamboanga for the confinement of

A. Maximum security prisoners

B. Convicted offenders

C. Political prisoners

D. Female prisoners

Republic Act No. 6127 provides for the period of ___________ of offenders.

A. Pre-trial

C. imprisonment

B. Diversion

D. Preventive detention

An advantage result in the integration of correctional agencies is:

A. More prisoner to supervise

B. Efficiency in the utilization of resources

C. Divided resources such as manpower and finances

D. More physical facilities to maintain

B
This theory assumes that people are law-abiding but under great pressure they will resort to crime and
that disparity between goals and means provides that pressure

A. Psychoanalytic theory

B. Social learning theory

C. Strain theory

D. Differential association theory

What happens if a probationer is granted absolute pardon?

A. His criminal liability is conditionally extinguished

B. His criminal liability is partially extinguished

C. His criminal liability continues to exist

D. His criminal liability is totally extinguished

Who among the following maybe excused from hard prison

work?

A. Detention prisoners

B. Juvenile offenders

C. Women prisoners

D. Prisoners over 60 years old

In prison, what is the mechanism for treating the underlying emotional or psychological problems that
lead

inmates to criminality?

A. Physical therapy

C. psychotherapy

B. Behavior therapy
D. social therapy

Peter was sentenced to serve a prison term of six (6) years. He did not qualify for probation. He was
brought to

the Bureau of Corrections in Muntinlupa. To which place should he be brought for processing and
classification?

A. Testing center

B. Reception diagnostic center

C. Processing center

D. Evaluation center

This group regarded deviant behavior as a symptom of some underlying personality disturbance.

A. Political scientist

B. Behaviorists

C. social advocates

D. mental health advocates

How is an offender called if he is convicted by the court to a prison term of more than three (3) years
and one (1) day?

A. City/municipal prisoner

B. Provincial prisoner

C. district prisoner

D. national prisoner

The early practice in England that humanized criminal justice served as the forerunners of probation.
These are
1. Benefit of the clergy

2. Judicial reprieve

3. Recognizance

4. Commutation

a. 4, 1 and 2

b. 3, 4 and 1

c. 1, 2 and 3

d. 2, 3 and 4

Which of the following provides, among others, that for criminal offenses imposable with an
imprisonment of

thirty (30) days or less, the parties thereto must first try to settle the case amicably at the barangay
level, and

only when no settlement can be reached, will a complainant be entertained in court?

A. Presidential Decree No. 603

B. Presidential Decree No. 1508

C. Presidential Decree No. 765

D. Presidential Decree No. 421

A petition for probation is filed by the defendant with the _______

A. Judge of the Regional Trial Court

B. Justice of the Appellate Court

C. Municipal Trial Court

D. Trial Judge who tried and convicted

Who was the first probation officer in the wholecorrectional enterprise?

A. Jeremy Bentham

C. John Augustus

B. Peter Thatcher

D. CesareBeccaria

Presidential Decree No. 968 as amended grants probation to qualified adult offenders while Presidential
Decree No. 603 grants probation to _____________ offenders.

A. Youthful

B. Criminal

C. blue-collar

D. sexual

The church maintained its own ecclesiastical punishments during the middle ages. While the church

zealously punished those who violated the law, it also gave refuge to those who are literate. This was
called

A. Just deserts model

B. Ecclesiastical pardon

C. Action of inquisition

D. Benefit of the clergy

To whom does the prison warden report to?

A. Secretary, Department Justice

B. Undersecretary, Department of Justice

C. Local Chief Executive

D. Director, Bureau of Corrections

D
To whom shall a petition for executive clemency be addressed?

A. The President of the Philippines

B. The Chairman, Board of Pardons and Parole

C. Secretary of Justice

D. Secretary of National Defense

If maiming is a corporal punishment, how is electrocution classified?

A. Conventional punishment

B. Capital punishment

C. physical punishment

D. ordinary punishment

Which of the following should a probationer NOT do?

A. Stay away from bad associates

B. Make periodic office report

C. Go and play in a gambling den

D. Work regularly to support his family

A drug user may be placed under probation by virtue of

A. R.A. No. 6425

B. R.A No. 4864

C. R.A. No. 7192

D. R.A No. 6963

A
With respects to parole supervision, under whose supervison is a parolee placed?

A. A Parole officer

B. A Probation officer

C. A Jail Warden

D. A Parole and Probation officer

What is the Security Classification of an inmate whose sentence is under review by the Supreme Court?

A. Medim security

B. Minimum security

C. optimum security

D. maximum security

What theory in criminology states that criminals are totally responsible for their behaviors. The stress is
more in the effect of their felonious act than upon the criminal himself.

A. Physiological theory

B. Biological theory

C. positivist theory

D. classical theory

A convicted defendant who files an application for probation is called _________

A. Probationer

B. Petitioner

C. Respondent

D. applicant

B
The Correctional Institution for Women (CIW) is the only penal institution for women offenders. This is
under the

A. Bureau of Woman Welfare

B. Bureau of Jail Management and Penology

C. National Bureau of Investigation

D. Bureau of Corrections

A drug user who is placed under probation may be made to serve his sentence by the court if he

A. Becomes unruly and undisciplined

B. Commits another offense

C. Violates any of the conditions of his probation

D. Is 21 years old

What is referred to as the withdrawal of the privilege of probation or parole resulting in the
incarceration of

the offender?

A. Revocation

B. Retaliation

C. Suspension

D. Commutation

The following are authorized to commit a person to jail, EXCEPT

A. Court of Appeals

B. Philippine National Police

C. Board of Pardon and Parole

D. Regional Trial Court

C

The post-Sentence Investigation Report Prepared by the Investigating Probation officer is approved by

A. The Probation Administrator

B. The Chief Probation and Parole officer

C. The Judge

D. The Probation Regional Director

Who among the following can apply for release on recognizance?

A. one who is charged with an offense whose penalty is a fine of P 3,000

B. one who is charged with an offense whose penalty is a fine of P 5,000

C. one who is charged with an offense whose penalty is a fine of P 2/000

D. one who is charged with an offense whose penalty is a fine of P 4,000

What theory assumes that people are law-abiding but they will resort to crime under great pressure and
that

disparity between goals and means provides that pressure?

A. Psychoanalytic theory

B. Strain theory

C. Differential Association theory

D. Social learning theory

Which of the following is NOT a justification that group treatment of inmates is more advantageous?

A. Much of criminal behavior is reinforced by group norms

B. It is in a group that inmates learn to define themselves and interpret their experiences

C. Most of inmate's behavior occur in groups

D. Everybody must know the inmate's story

How is one who is sentenced to a prison term of one (1) day to six (6) months referred to?

A. Insular prisoner

B. Municipal prisoner

C. Provincial prisoner

D. City prisoner

Pending the submission of the Post Sentence Investigation Report (PSIR) and the resolution of the
application for probation, may the applicant be allowed temporary liberty?

A. Yes, but he executes an affidavit to return

B. Yes, the judge gives a temporary pass

C. Yes, under the bail filed in the criminal case

D. Yes, his release is automatic

Page 1 of 8 MODULE: Non - Institutional Corrections Definition and Nature of Amnesty Amnesty, derived
from the Greek word amnasthia, has retained the original general concept of oblivion, although it has
evolved into distinct technical concepts in criminal law, constitutional law and international law. A
sovereign act of forgiveness for past acts, granted by a government to all persons (or to certain classes
of persons) who have been guilty of crime or delict, generally political offenses - treason, sedition,
rebellion, draft evasion - and often conditioned upon their return to obedience and duty within a
prescribed time. An amnesty is act of grace by the Chief Executive, proceeding from the power
entrusted with the execution of the laws and concurred by the legislature, usually extended to groups of
persons who committed political offenses, and Chapter 5: Amnesty At the end of this chapter the
student should be able to: • Define Amnesty • Enumerate the Limitations on the Exercise of Granting
Amnesty • Understand Amnesty under Philippine, American, and Spanish Law regime. Page 2 of 8
MODULE: Non - Institutional Corrections which puts into oblivion the offense itself. (Defined by the
Presidential Communications Development and Strategic Planning Office) Amnesty is an act of the
sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised
in favor of a single individual, and is usually exercised in behalf of a certain class of persons, who are
subject to trial but have not yet been convicted. (Brown vs. Walker, 161 U.S. 602) In one case, the
Supreme Court, said amnesty "commonly denotes the general pardon to rebels for their treason and
other high political offenses, or the forgiveness which one sovereign grant to the subject of another,
who have offended by some breach of the law of nations." The term "amnesty" belongs to international
law, and is applied to rebellions which by their magnitude are properly within international law, but has
no technical meaning in the common law. It is a synonym of pardon. (Villa vs. Allen, 2 Phil. 436, 439
(1903]) Amnesty is a Proclamation of the Chief Executive with the concurrence of congress, and it is a
public act of which the courts should take judicial notice. Amnesty looks backward and abolishes and
puts into oblivion the offense itself, it so overlooks and obliterates the offenses with which he is charged
that the person released by amnesty stands before the law precisely as though he had committed no
offense. (People vs. Casido, G.R. No. 116512, March 7, 1997) Father Joaquin G. Bernas, S.J. defines
amnesty basically as a general pardon and submits that what distinguish the two forms of executive
clemency (pardon and amnesty) are simply the "number of recipients of the acts of clemency and the
nature of the offense which is their subject." In fact, he opines that what the President may not grant by
amnesty because of the non-concurrence of Congress, he may grant by individual pardon. In essence,
amnesty is viewed in municipal law, whether in constitutional law or criminal law, as an act of mercy by
the sovereign partaking of the nature of an executive clemency. Purpose of Amnesty The purpose of
amnesty is to hasten a country's return to political normalcy by putting behind it the animosities of the
past through a pardon that will open the door to living normal lives for groups of people targeted by the
amnesty. These groups were once involved in political activities during certain troubled times like war or
rebellion and by making a gesture of the state forgetting past destructive Page 3 of 8 MODULE: Non -
Institutional Corrections activities of political dissidents or rebels and allowing them to lead normal lives,
the country in turn will ensure its return to normalcy. Amnesty Completely Extinguishes the Penalty and
Its Effects Amnesty looks backward and abolishes and puts into oblivion the offense itself, it so overlooks
and obliterates the offense with which he is charged; that the person released by amnesty stand before
the law precisely as though he had committed no offense. In one case decided by the Supreme Court, it
was held that to avail of the benefits of an amnesty proclamation, one must admit his guilt of the
offense covered by the proclamation. (Vero v People of the Philippines, 7 SCRA 152) Amnesty is a public
act of which the court should take judicial notice. Thus, the right to the benefits of amnesty, once
established by the evidence presented, either by the complainant or prosecution or by the defense,
cannot be waived, because it is of public interest that a person who is regarded by the Amnesty
Proclamation, which has the force of law, not only as innocent, for he stands in the eyes of the law as if
he had never committed any punishable offense because of the amnesty, but as a patriot or hero, and
not be punished as a criminal (Herrero, Remedial Law IV, 2007 ed., p. 659 citing Barrioquinto, et al. vs.
Fernandez, et al., 82 Phil. 642 (1949) Limitations on the Exercise of Granting Amnesty 1. It cannot be
granted in cases of impeachment (Sec. 19, Art. VII of the Constitution); 2. It cannot be granted in cases
of violation of election laws without the favorable recommendation of the Commission on Elections
(Sec. 5, Art. IX-C): 3. A grant of amnesty must be with the concurrence of a majority of all members of
congress. Distinguish Amnesty under Philippine laws and American laws Page 4 of 8 MODULE: Non -
Institutional Corrections Basically, amnesty as it has been utilized and understood in Philippine history, is
taken as having the same nature and effect as its American counterpart. The only difference is in the
source of the power to grant amnesty, in the Philippines, amnesty is granted by the Chief Executive with
the concurrence of Congress, while amnesty in the United States (U.S.) is deemed included in the
pardoning power of the President. Under American constitutional law, amnesty is defined as "an
exercise of the sovereign power by which immunity to prosecution is granted by wiping out the offense
supposed to have been committed by a group or class of persons prior to their being brought to trial."
By express provision, grant of amnesty takes the form of a general pardon by virtue of presidential
proclamations without the concurrence of Congress. As practiced in the U.S., an amnesty in favor of a
class or classes of person accused of certain offenses against the State is deemed to constitute an act of
oblivion, obliterating not just the penalty but also the offense itself. This was the effect of the amnesty
proclamation issued in 1863 by US President Abraham Lincoln following the Civil War in the US, and
during the Vietnam conflict in the 1970s to favor those guilty of violating the Military Selective Service
Act amidst strong opposition from different sectors. In the 1987 Philippine Constitution particularly
Section 19, paragraph 2, the power to grant amnesty is expressly provided and granted to the President
subject to the concurrence of a majority of the members of Congress. Philippine Presidents have used
amnesty to restore unity and harmony in society after divisive issues polarized Philippine society.
Throughout Philippine constitutional history, except the period of American military occupation of the
islands, the power to grant amnesty has always been expressly provided for as a power shared by both
the executive and the legislative branches of government. Amnesty during the Spanish Regime Studies
of the Philippine history have mentioned amnesty proclamations made in the nature of general pardons
during the Spanish regime granted by Governor-Generals to include Legazpi (to Rajah Soliman and other
chiefs in the 1570s), Polavieja (January 11, 1897), Fajardo, Corcuera and Manrique de Lara, particularly
those granted to Filipino and Chinese insurgents. Page 5 of 8 MODULE: Non - Institutional Corrections
Amnesty during the American Regime The first amnesty proclamation in the country took effect in the
20thcentury and was issued by US President Roosevelt on July 4, 1902. It granted full and complete
pardon and amnesty in favor of persons who committed treason, sedition and all other crimes of
political character in the course of the "insurrection" of the Filipinos against the Spaniards, as well as
those who gave aid or comfort to said persons. The proclamation also covered offenses, which grew out
of internal political feuds and dissensions between Filipinos and Spaniards or with the Spanish
authorities or among the Filipinos themselves. The only condition set forth in the terms of the
proclamation was the taking of an oath of allegiance to the United States of America. The proclamation,
deemed as a "wise and humane" act "conducive to peace, order and loyalty," excluded the following
from its coverage: 1. Persons committing crimes since May 1, 1902 in any province where the civil
government is already established; and 2. Those convicted of murder, rape, arson, or robbery by any
military or civil tribunal organized by the Spanish or American authorities, unless they have applied for
and were granted pardon. In spite of these exclusions, however, it is still, in essence, the only general
amnesty which took effect in the Philippines so far because the grant covered not only those offenses
which arose from the revolution against Spain but also those which grew out of internal dissensions.
Furthermore, the amnesty applied to all areas that came under the jurisdiction of the American
government. This power to grant pardon and reprieve was later extended to the Governor General of
the Philippine Islands under the Jones Law in 1916. The 1935 Constitution, after the draft by a
Constitutional Convention received the approval of the President of the United States and the
ratification of the Filipino electorate, established the Philippines as a Republican State and provided
that: The President shall have the power to grant amnesty with the concurrence of the National
Assembly. Effects of the Amnesty Proclamation No. 50 issued by President Benigno S. Aquino III 1. To
extinguish any criminal liability for acts committed in relation to, in connection with or incident to the
July 27, 2003 Oakwood Mutiny, the February 2006 Marines Stand-Off and the November 29, 2007
Manila Pen Page 6 of 8 MODULE: Non - Institutional Corrections Incident without prejudice to the
grantee's civil liability for injuries or damages caused to private persons. 2. To effect the restoration of
civil and political rights or entitlement that may have been suspended, lost, or adversely affected by
virtue of any executive action and/or administrative criminal action or proceedings lodged against the
grantee in connection with the subject incidents, including criminal conviction or any form, if any. 3. All
enlisted personnel of the Armed Forces of the Philippines whose applications for amnesty would be
approved shall be entitled to reintegration or reinstatement, subject to existing laws and regulations
Officers of the AFP on the other hand shall not be entitled to reintegration or reinstatement into the
service. 4. The amnesty shall reinstate the right of AFP personnel to retirement and separation benefits,
if so qualified under existing laws and regulations at the same time of the commission of the acts for
which the amnesty is extended. Express Amnesty and Implied Amnesty An express amnesty is one
granted in direct terms such as a Presidential proclamation or a law enacted by the legislature granting
amnesty. An implied amnesty, on the other hand, takes place in international law when a treaty of
peace is made between contending parties; in domestic or municipal law, it results from the inhibition of
the State from prosecuting or punishing persons who committed political offenses, or when the law
punishing a certain crime is repealed with retroactive effect resulting in the decriminalization of the act
and the release of those charged or convicted for the same. Congress' recent repeal of Republic Act
1700, known as the Anti-Subversion Law, is an implied amnesty. General Amnesty and Limited Amnesty
A general amnesty is granted to a whole class of persons within the territorial domain or under the
effective jurisdiction of the sovereign issuing the decree, while a selected or limited amnesty covers a
segment of a particular class only or the portion of the sovereign's territorial jurisdiction, or specific acts
committed within a limited or specified time frame. A grant of general amnesty, therefore, usually takes
effect within the whole country with respect to all political dissenters who had performed acts for which
the amnesty is granted, subject to the conditions imposed by the grant, if any. The sole criterion is the
Page 7 of 8 MODULE: Non - Institutional Corrections commission of the act alone as specified in the
decree. A limited amnesty, on the other hand, qualifies the grant with respect to persons/groups to be
favored, places where the amnesty is to be effective and/or the time frame to which the decree was
limited. Conditional Amnesty and Unconditional Amnesty There is a slight variance in international law,
where a general amnesty is general in the sense that it provides immunity for all wrongful acts done by
the belligerents themselves, the members of their forces and their subjects during the war, and a limited
amnesty provides immunity only for such offenses and/or persons provided within the terms of the
decree. When the grant of amnesty is subject to the fulfillment of certain requisites, such as the filing of
an application, the laying down of arms, and the taking of an oath of allegiance, that amnesty is deemed
conditional, i.e., that the amnesty will only be granted if the applicants comply with certain
requirements and procedures, as compared to a grant which is expressed in broad terms and does not
lay down specific requirements and procedures. Amnesties belonging to the latter category are deemed
unconditional. Difference between Amnesty and Pardon 1. A special form of pardon exercised by the
President of the Republic is amnesty. Amnesty is a general pardon extended to a certain class of people
who are usually political offenders. Although pardon is likewise issued by the President and is also
political in nature, it is an exclusive act of the President where the court and Congress has no say
whatsoever 2. Amnesty operates objectively with respect to the crime, and by virtue thereof the latter
should be regarded as wiped out, pardoned and forgotten. It is in this respect that an amnesty is
distinguished from an ordinary pardon, which is more of a subjective character and solely affects the
person pardoned, and is granted upon the supposition of the actual existence of the crime. 3. A pardon
is very different in its character and effect from an amnesty, which is much more favorable in every
respect to those benefited thereby. The effects and legal consequences of an amnesty are entirely
distinct Page 8 of 8 MODULE: Non - Institutional Corrections from and cannot be legally confused with
those of a pardon. (Villa vs. Allen, 2 Phil. 440) The Notional Amnesty Commission (NAC) The National
Amnesty Commission (NAC) is the primary agency tasked to receive and process applications for
amnesty, and determine whether the applicants are entitled to amnesty under any proclamation by the
President granting amnesty. Pursuant to its functions, it has the power to promulgate rules and
regulations subject to the approval of the President. Final decisions or determinations of the NAC are
appealable to the Court of Appeals (CA). The National Amnesty Commission (NAC), was created by virtue
of Proclamation No. 347, dated 25 March 1994, to receive and process former rebels' applications for
amnesty and determine whether the applicants are entitled for the grant of amnesty under said
Proclamation. The commission, to date, has received almost 25,000 amnesty applications and granted
amnesty to more than 20,000 former rebels. The Abolition of the National Amnesty Commission (NAC)
By virtue of Executive Order No. 415 issued by President Gloria Macapagal Arroyo on March 22, 2005,
the National Amnesty Commission (NAC) is thereby abolished. As provided therein, the term of the NAC,
created under Proclamation No. 347, is thereby deemed expired in view of the completion of its
assigned tasks as provided by Section 4 thereof. All assets, liabilities, choses in action, equipment,
facilities, funds, records and other properties of the NAC are hereby transferred to the Office of the
Presidential Adviser on the Peace Process ("OPAPP"). (Sections 1 and 2 of E.O. No. 415) References:
Handbook on NON-INSTITUTIONAL CORRECTIONS LINNET DOLINEN – GAHAR

Probation Probation as a term and as a procedure is derived from the Latin word "Probare" meaning to
prove. Therefore, as the term Latin Etymology states, probation involves the testing of an offender as he
proves that he is worthy of his freedom. Probation can be defined as a sentence imposed by the courts
on offenders who have either pleaded guilty or have been found guilty. Instead of being incarcerated, an
offender placed on probation is retained in the community under the supervision of a probation agency.
The offender is provided with supervision and services. Continuation of probation depends on the
offender's compliance with the rules and conditions of the probation sentence. Probation generally
follows a trial at which the person has been found guilty, or a plea of guilty is entered in lieu of an actual
trial. It permits the offender to remain within the community subject to good behavior, no involvement
in further Chapter 6: Probation At the end of this chapter the student should be able to: • Define
Probation • Enumerate the Purpose, objectives, and Advantages of Probation • Understand the
Historical Background of Probation in the Philippines Page 2 of 7 MODULE: Non - Institutional
Corrections illegal behavior, and other conditions imposed by the court, such as restitution to victims or
to attend the alcoholics anonymous group sharing sessions. Probation not only prevents further stigma
of imprisonment and its damaging effects; the offender to continue to work and support any
dependents. In the U.S., another variation on the concept of probation has become known as "shock
probation" or "shock imprisonment." In a strict sense it is not part of a probation system, as does not
involve incarceration. In shock probation, it allows the sentencing judge to impose the legal sentence
and order incarceration of the offender, only to recall the legal sentence and order incarceration of the
offender, only to recall him after a brief, legislatively defined period of imprisonment (in Ohio, a
maximum of 130 days). The system derived its name from the shock effects of short-term incarceration,
believed to be sufficient to convince certain individuals who have never before been imprisoned that
further criminal behavior is too risky and likely to be met with severe punishment. The offender
presumably does not know that his term will be shortened, and part of the shock is that he anticipates a
long period in prison until the sudden release. (Allen, Friday, Roebuck, and Sagarin, Punishment, 1981
ed., p. 362) Something similar to shock probation is found in the federal courts, and is known as "split
sentencing." Here the offender is actually sentenced to a term in prison, but is notified in advance that,
after a given brief period of satisfactory behavior, he can serve the remainder of his sentence on
probation. (ibid) As practiced in the Philippines, probation implies a contract between the court and the
offender in which the former promises to hold a prison term in abeyance while the latter promises to
adhere to a set of rules or conditions required by the court. If the rules are violated, especially if the
probationer commits another criminal offense, probation may be revoked; this means that the contract
is terminated and the original sentence enforced. Probation may be revoked simply because the rules
and conditions of probation have not been met, even if the offender has not committed another crime.
Historical Context of Probation Probation developed out of various practices used under English
common law. One such practice, known as benefit of clergy, seems to be the earliest device for
softening brutal severity of punishment. It allowed certain accused individuals to appeal to the court for
leniency in sentencing by reading from the Bible. Another practice was judicial reprieve, whereby a
convicted offender could ask the judge Page 3 of 7 MODULE: Non - Institutional Corrections to suspend
the sentence on the condition that the offender displays future good behavior. It is a temporary
withholding of sentence, practiced by the English Court in early 17th century, where they grant
reprieves to prisoners under sentence of death on the condition that they accept deportation or
transportation. Two names are closely associated with the founding of probation: Matthew Davenport
Hill, an 18th-century English barrister and judge; and John Augustus, a 19th-century Boston boot-maker.
As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one day
terms, on the condition that they are returned to a parent or guardian who would closely supervise
them. When he eventually became the Recorder of Birmingham, a judicial post, he used a similar
practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them.
Hill had police officers pay periodic visits to these guardians in an effort to track the offender's progress
and keep a running account. The more immediate origins of modern probation lie in the efforts of John
Augustus (1785-1859), a Boston shoemaker, who is considered the "father of probation," and
recognized as the first true probation officer. Augustus was born in Woburn, Massachusetts in 1785.
Starting in the early 1840s, Augustus volunteered to stand bail and assume custody for select, less
serious offenders in exchange for the judge's deferring the sentence/Augustus was responsible for
monitoring offenders' activities and later reporting to the judge on their performance in the community.
If the judge was satisfied with the community performance, charges were dropped; if not, sentencing
proceeded. Augustus received no pay for his 18 years of court work. He used his own money and
voluntary contributions from others to finance his effort. In 1870, Father Cook, another Bostonian,
continued the work of Augustus by identifying youthful offenders being tried in the courts and whose
cases were committed by force of circumstance and not due to the criminal nature of the accused, After
finding that the offender is not a hardcore felon and can still be reformed, Father Cook presented
himself before the court as adviser to the offender. Realizing the value of what he is doing, the courts
usually consented to placing convicted youths under his charge to be reformed. Influenced by the efforts
of Augustus, the United States, probation came to be regulated by a statute for the first time in 1878
when Massachusetts passed a Page 4 of 7 MODULE: Non - Institutional Corrections law providing for the
appointment of a paid probation officer for the courts of criminal jurisdiction in the city of Boston/The
first Probation Law was passed by the Legislature of Massachusetts and signed into law by Governor
Alexander B. Rice on April 26, 1878. By a statute of 1880 the right to appoint probation officers was
extended to all cities and towns in Massachusetts. In 1887, the city of Boston appointed the First
government probation officer in the name of Edward H. Savage, the former chief of police of Boston
City. Vermont Act of 1898 was the second state-enacted probation law. Unlike in Massachusetts, here,
the offender or probationer was the one who pays the trial cost. At first, all state probation officers were
on part time, but after 1936, full-time officers were assigned in districts to have charge of parole as well
as probation. The first Federal Probation Bill was introduced by the Lower and Upper Chamber of U.S.
Congress sponsored by Representative Mc. Call of Massachusetts and Senator Robert T. Owen of
Oklahoma, respectively. However, these two legislative proposals were both failed. The second Federal
Probation Bill was introduced by Senator Royal S. Copeland of New York on December 12, 1923
sponsored by Representative George S. Graham which was later on approved by the two separate
chambers. On March 4, 1925, President Calvin Coolidge signed the Federal Probation Act of 1925 into
law. Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus: (a) "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 for the court a referral for probation officer. (b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates probation or supervises a probationer or both.
Nature and Concept of Probation 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 (Section 3[a], P.D. No. 968, as amended). It is actually a suspension of sentence during
the period the defendant is placed on Page 5 of 7 MODULE: Non - Institutional Corrections probation
upon application to the court by the defendant. (Section 4, P.D. No. 968, as amended) Probation is a
mere privilege and its grant rests solely upon the discretion of the court. Probation is not a right of the
accused, but rather an act of grace and clemency or immunity conferred by the State which may be
granted by the court to a seemingly deserving defendant who thereby escapes the extreme rigors of the
penalty imposed by law for the offense of which he stands convicted. Probation affects only the criminal
aspects of the case but it is not a penal statute. (Francisco vs. Court of Appeals, 243 SCRA 595) Privilege
is a peculiar benefit or immunity conferred by law on a person or group of persons, not enjoyed by
others or by all; special enjoyment of a good or exemption from evil; it is a special prerogative granted
by law to some persons. Accordingly, the grant of Probation rests solely upon the discretion of the court.
This discretion is exercised primarily for the benefit of an organized society and only incidentally for the
benefit of the accused (Bolo v. Martinez, G.R. No. 67301, January 29, 1990) Three-fold Purpose of the
Probation Law 1. To promote the correction and rehabilitation of an offender by providing him with
individualized treatment; 2. To provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence; 3. To prevent the commission of offenses.
Objectives of the Probation Law 1. To promote the correction and rehabilitation of an offender by
providing him with individualized treatment 2. To provide an opportunity for the reformation of a
penitent offender which might be less probable if he were to serve a prison sentence; 3. To prevent the
commission of offenses, 4. To decongest our jails or prisons; and 5. To save the government much
needed finance for maintaining convicts in jail. Page 6 of 7 MODULE: Non - Institutional Corrections
Advantages of Probation 1. Prevents crimes by offering freedom and aimed only to those offenders who
are not likely to assault society again. 2. Protects society by placing under close supervision non-
dangerous offenders while undergoing treatment and rehabilitation in the community 3. Conforms to
modern humanistic trends in penology. 4. Prevents youthful or first-time offenders from turning into
hardened criminals. 5. Is a measure of cutting enormous expense in maintaining jails. 6. Reduces
recidivism and overcrowding jails and prisons. 7. Reduces the burden on the police force and institutions
of feeding and guarding detainees. 8. Gives the first and light offenders a second change in life and
provides for the reformation of penitent offenders. 9. Makes the offenders productive taxpayers instead
of tax eaters. 10.Restores to successful probationers their civil rights lost in view of the offense. 11.Has
been proven effective in developing countries that have adopted it. 12.Is advocated by the United
Nations (UN) in its various congresses in crime prevention and treatment of offenders. The Four (4)
Essential Elements of Probation As provided for by the Probation Act of 1976, there are four (4) essential
elements of the Adult Probation System, to wit: 1. A post-sentence investigation report which will serve
as the informational basis for the court's decision to grant or deny probation (Secs. 5, 6, and 7, P.D. No.
968, as amended); 2. The conditional suspension of execution of sentence by the court (Sec. 4, P.D. No.
968, as amended); 3. Conditions of probation imposed by the court to protect public safety and to foster
the rehabilitation and reformation of the probationer (Sec. 10, P.D. No. 968, as amended); and 4.
Supervision, guidance and assistance of the offender by a probation officer (Sec. 13, P.D. No. 968, as
amended) Page 7 of 7 MODULE: Non - Institutional Corrections Except where Death Penalty is Imposed,
a Judgment of Conviction in a Criminal Case, Becomes Final when: 1. no appeal is seasonably perfected;
2. the accused commences to serve the sentence; 3. the right to appeal is expressly waived in writing; 4.
the accused applies for probation, thereby waiving his right to appeal. Who may apply for Probation?
The probation law shall apply to all offenders except those entitled to the benefits under the provisions
of Presidential Decree Numbered Six Hundred and Three and similar laws. (Sec. 1) Necessity of
Application Probation may not be granted except upon application by the defendant. Such is the
manifest intent of the law when it states that the court may, after it shall have convicted and sentenced
a defendant within the period for perfecting an appeal, suspend the execution of the sentence and place
the defendant on probation for such period and upon such terms and conditions as it may deem best.
(Francisco vs. Court of Appeals, 60 SCAD 444, 243 SCRA 384)

Page 1 of 11

MODULE: Non - Institutional Corrections

Rules on Grant of Probation

1. After having convicted and sentenced a defendant, the trial court may

suspend the execution of the sentence and place the defendant on probation

upon application by the defendant within the period for perfecting an appeal

(15 days from date of promulgation of the decision convicting the accused).

2. Probation may be granted whether the sentence imposes a term of

imprisonment or fine only.

3. No application for probation shall be entertained or granted if the defendant

has perfected an appeal from the judgment of conviction.

4. In case an appeal is made but has not yet been perfected, an application for

probation may still be filed and such is deemed a withdrawal of the appeal.

5. The filing of the application for probation operates as a waiver of the right

to appeal.

6. The application for probation shall be filed with the trial court and the order

granting or denying probation shall not be appealable. (Sec. 4, PD No. 968,

as amended)

Chapter 7: Rules on Grant /

Revocation of Probation

At the end of this chapter the student should be able to:

• Define Probation

• Enumerate the Rules on Granting of Probation/ the Revocation

of Probation

• Understand the Mandatory, Discretionary, and Special

Conditions of probation

Page 2 of 11

MODULE: Non - Institutional Corrections

Penalty which Makes a Convict Qualified for Probation

The penalty must not exceed six (6) years (equivalent to prision

correctional) imprisonment. In case of multiple convictions, the basis for

determining whether or not the penalty qualifies the convict for probation is the

term of individual imprisonment and not the sum total of all prison terms imposed

in the decision.

Fixing the cut-off point at a maximum term of six (6) years imprisonment

for probation is based on the assumption that those sentenced to higher penalties

pose too great a risk to society, not just because of their demonstrated capability

for serious wrongdoing but because of the gravity and serious consequences of

the offense they might further commit.

Criteria for Placing an Offender on Probation; the Court shall Consider All
information Relative to: (Sec. 8, P.D. 968, as amended)

1. Character

2. Antecedent

3. Environment

4. Mental condition of the offender

5. Physical condition of the offender

6. Available institutional and community resources

Circumstances when Probation shall be denied (Sec. 8, P.D. 968, as amended)

Probation shall be denied if the court finds that:

1. The offender is in need of correctional treatment that can be provided most

effectively by his commitment to an institution, or

2. There is undue risk that during the period of probation the offender will

commit crime, or

3. Probation will depreciate the seriousness of the offense committed.

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Offenders disqualified from being placed on Probation

The benefits of PD. No. 968, as amended, shall not be extended to those:

1. Those who have perfected an appeal from the judgment;

2. These sentenced to serve a maximum term of imprisonment of more than

six years (Sec. 91a) P.D. 968, as amended);

3. Those convicted of subversion or any crime against the national security or

public order (Sec 9[b], P.D. 968, as amended)

Where to File, When to File and Effect of an Application for Probation

An application for probation shall be filed with the trial court within the

period for perfecting an appeal. In Palo vs. Militante 184 SCRA 395, the Supreme
Court said that an application for probation was never intended to suspend the

period for the perfection of an appeal, and the filing of the application for probation

operate as a waiver of the right to appeal. The effects of an application for

probation are:

1. The court may suspend the execution of the sentence; and

2. An order granting or denying probation is not appealable. It is an

interlocutory order (does not dispose of the case but leaves something else

to be done by the court to whom it was issued) because it is not a final

judgment.

Notification and Comment of Trial Prosecutor of the filing of an Application for

Probation

The court shall notify the Trial Prosecutor of the filing of an application for

the grant of probation filed by a defendant after conviction and sentencing but

before service of sentence. A Trial Prosecutor shall submit his comments to the

application for probation within ten (10) days from receipt of the notification of

the filing of said application. (Sections 4 and 5, Part XI DOJ Manual for

Prosecutors)

Release of an Applicant for Probation Pending Resolution of the Application for

Probation

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Pending resolution of the application for probation, the defendant shall be

released on temporary liberty under his bail filed in the criminal case. In case no

bail was filed or if the defendant is not capable of filing one, the court may release

the defendant on recognizance to the custody of a responsible member of the

community who shall guarantee his appearance whenever required by the court.

(Sec. 6, Part XI DOJ Manual for Prosecutors; Sec. 7, 2 paragraph, P.D. No. 968,

as amended)

The grant of bail or recognizance by the trial court to the petitioner for
probation while waiting for the resolution of his application for probation is an

exception to the rule that, no bail is granted after final judgment. As provided, "an

accused shall not be allowed bail after the judgment has become final, unless he

has applied for probation before commencing to serve sentence, the penalty and

the offense being within the purview of the Probation Law. In case the accused

has applied for probation, he may be allowed temporary liberty under his bail bond,

but if no bail was filed or the accused is incapable of filing one, the court may

allow his release on recognizance under the custody of a responsible member of

the community. In no case shall bail be allowed after the accused has commenced

to serve sentence." (Sec. 11, Part V-Bail, DOJ Manual for Prosecutors)

Objection of the Trial Prosecutor to the Grant of Probation

The Trial Prosecutor shall. Object to the application for the grant of

probation in the following instances:

1. If the defendant fails to comply with any of the criteria for the grant of

probation as set forth in Section 8 of Presidential Decree No. 968, as

amended;

2. If there is no post-sentence investigation conducted by a probation officer,

3. If the application is filed after an appeal from the convicted is perfected; or

4. If the applicant is one –

Sentenced to more than six (6) years and (1) day;

a. Convicted of an offense against the security of the state; a.

b. Who has been previously convicted by final judgment of an

offense punished by imprisonment of not less than one (1)

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month and one (1) day and/or a fine of not more than Two

Hundred pesos (Php. 200.00); and

c. Who has once been on probation under P.D. No. 968, as

amended. (Sec. 7, Part Xi, DOJ Manual for Prosecutors)

Conduct of Post Sentence Investigation

By express mandate of the Probation Law of 1976, as amended, 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 will be served thereby. (Sec. 5, P.D. No. 968, as amended)

Toward this end, the probation officer is heretofore directed to submit to

the court the investigation report on a defendant not later than sixty (60) days

from receipt of the order of said court to conduct the investigation (Sec. 7, P.D.

No. 968, as amended). From this provision of law, it is thus clear that a prior

investigation by the probation officer is a condition sine qua non to the grant or

denial of probation, the court being obviously bound by considerations of public

interest as well as the welfare of the offender. The significance of a post sentence

investigation lies in the fact that the same shall serve as the informational basis

for the court's decision to grant or deny probation to qualified offenders.

The Conditions of Probation

The grant of probation is merely a privilege and its grant rests upon the

discretion of the court Conditions should be interpreted with flexibility in their

application and each case should be judged on its own merits on the basis of the

problems, needs and capacity of probation (Baclayan vs. Mutia 129 SCRA 148).

The defendant after conviction and sentence is released subject to the mandatory

and discretionary conditions imposed by the court and to the supervision of a

probation officer.

Court's Latitude in Imposing Conditions

As a rule, the conditions listed under Section 10 of the Probation Law are

not exclusive. Courts are allowed practically any term it chooses, the only

limitation being that it does not jeopardize the constitutional rights of the accused.

Courts may impose conditions with the end that these conditions would help the

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probationer develop into a law-abiding individual. (Baclayon vs. Mutio 129 SCRA

148)

The trial court is given the discretion to impose conditions in the order granting

the probation was it may deem best." It is necessary that the conditions which

provides for a program of payment of his civil liability will address the offender's

needs and capacities. Such need may be ascertained from the findings and

recommendations in the post sentence investigation report submitted by the

probation officer after investigation of the financial capacity of the offender and

that such condition is to the end that the interest of the State and the reformation

of the offender or probationer is best served. (Salgado vs. Court of Appeals, G.R.

No. 89606, August 30, 1990, 189 SCRA 304)

The Mandatory Conditions of Probation

1. The probationer should present himself to the probation officer designated

to undertake his supervision at such place as may be specified in the order

within seventy-two (72) hours from receipt of said order (Sec. 10(a), P.D.

968, as amended);

2. Report to the probation officer at least once a month at such time and place

as specified by said officer (Sec. 10[b], P.D. 968, as amended).

The Discretionary or Special Conditions of Probation (Sec. 10, 2nd par. [a-k), P.D.

968, as amended)

The court may also require the petitioner to:

1. Cooperate with a program of supervision;

2. Meet his family responsibilities,

3. Devote himself to a specific employment and not to change said employment

without the prior written approval of the probation officer;

4. Undergo medical, psychological or psychiatric examination and treatment

and enter and remain in specified institution, when required for that

purpose;

5. Pursue a prescribed secular study or vocational training,

6. Attend or reside in a facility established for instruction, recreation or

residence of persons on probation;

7. Refrain from visiting houses of ill-repute;

8. Abstain from drinking intoxicating beverages to excess;

9. Permit to probation officer or an authorized social worker to visit his home

and place or work;

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10.Reside at premises approved by it and not to change his residence without

its prior written approval; or

11.Satisfy any other condition related to the rehabilitation of the defendant and

not unduly restrictive of his liberty or incompatible with his freedom of

conscience.

Effectivity of a Probation Order

A probation order shall take effect upon its issuance, at which time the court

shall inform the offender of the consequences thereof and explain that upon his

failure to comply with any of the conditions prescribed in the said order or his

commission of another offense, he shall serve the penalty imposed for the offense

under which he was placed on probation. (Sec. 11, P.D. No. 968, as amended)

Duration or Period of Probation (Sec. 14, P.D. 968, as amended)

1. The period of probation of a defendant sentenced to a term of imprisonment

of not more than one (1) year shall not exceed two (2) years;

2. If more than one (1) year to six (6) years, said period shall not exceed six

(6) years.

3. When the sentence imposes a fine only and the offender is made to serve

subsidiary imprisonment in case of insolvency, the period of probation shall

not be less than nor to be more than twice the total number of days of

subsidiary imprisonment as computed at the rate established in Article

thirty-nine (39) of the Revised Penal Code (RPC), as amended.

Control and Supervision of Probationer

The probationer and his probation program shall be under the control of the

court that placed him on probation subject to the actual supervision and visitation

by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of

another court, control over him shall be transferred to the Executive Judge of the

Court of First Instance (Regional Trial Court) of that place, and in such a case, a

copy of the probation order, the investigation report and other pertinent records

shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom

jurisdiction over the probationer is transferred shall have the power with respect

to him that was previously possessed by the court which granted the probation.

(Sec. 13, P.D. No. 968, as amended)

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The Revocation of Probation Procedure

The probation is revocable before the final discharge of the probationer by

the court. At any time during probation, the court may issue a warrant for the

arrest of a probationer for violation of any of the conditions of probation. The

probationer, once arrested and detained, shall immediately be brought before the

court for a hearing, which may be informal and summary, of the violation charged.

The defendant may be admitted to bail pending such hearing. In such a case, the

provisions regarding release on bail of persons charged with a crime shall be

applicable to probationers arrested under these provisions. (Sec. 15, 1“par., P.D.

968, as amended) If the violation is established, the court may revoke or continue

his probation and modify the conditions thereof.

In the hearing, which shall be summary in nature, the probationer shall have

the right to be informed of the violation charged and to adduce evidence in his

favor. The court shall! not be bound by the technical rules of evidence but may

inform itself of all the facts which are material and relevant to ascertain the
veracity of the charged. The State shall be represented by a prosecuting officer

in any contested hearing. If the violation is established, the court may revoke or

continue his probation and modify the conditions thereof. If revoked, the court

shall order the probationer to serve the sentence originally imposed. An order

revoking the grant of probation or modifying the terms and conditions thereof shall

not be appealable. (Sec. 15, 2nd par., P.D. 968, as amended)

Rules where there is Violation of Probation

Violation of probation shall be understood to mean any act or omission on

the part of a probationer, which is contrary to the terms and conditions specified

in the probation order.

The Probation Officer may motu proprio (on its own motion or initiative) or

upon the report of a probation aide or any other person, conducts a fact-finding

investigation of any alleged violation of probation. If the investigation establishes

the violation of probation, the Probation Officer shall report the same to the court.

(Sections 34-35, Rules on Probation Methods and Procedures)

The Arrest of the Probationer and Hearing on the Violation of Probation

The court after considering the nature and seriousness of the alleged

violation on the basis of the report mentioned in Section 37 above, may issue a

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warrant for the arrest of the probation. (Sec. 38, Rules on Probation Methods and

Procedures)

Once arrested and detained, the probationer shall immediately be brought

before the court for hearing of the violation charged. The hearing may be informal

and summary probationer for violation of the petitioner may be admitted to bail

pending such hearing. In such a case, the provisions regarding release on bail of

persons charged with a crime shall be applicable to probationers arrested under

this provision (Sec. 39). The probationer shall have the right to be assisted by

counsel at the hearing for the violation of probation (Sec. 41). The Probation Office
may be assisted in the hearing by the Prosecuting Officer in the presentation of

the proof or evidence of the alleged violation of probation. (Sec. 42, Rules on

Probation Methods and Procedures)

How Probation is Terminated and Effects of its Termination

Upon consideration of probation officer's report, the court may order final

discharge of the probationer thereupon the case is deemed terminated. It was held

in Bala vs. Martinez, et al., 181 SCRA 459 that, the probation is not coterminous

with its period, hence mere lapse of the probation period does not terminate the

probation. There must be an order issued by the court terminating the probation.

The termination of probation restores to the probationer all civil rights and fully

discharge his liability for any fine imposed as to the offense for which probation

was granted. After the period of probation and upon consideration of the report

and recommendation of the probation officer, the court may order the final

discharge of the probationer upon finding that he has fulfilled the terms and

conditions of his probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all

civil rights lost or suspend as a result of his conviction and to fully discharge his

liability for any fine imposed as to the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a

copy of such order. (Sec. 16, P.D. No. 968, as amended)

Causes for Probation Cases to be Terminated or Closed

The probation case may be closed by termination due to:

1. Expiration of the period of probation;

2. By revocation for cause under the Probation Law;

3. By the death of the probationer:

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4. By the successful completion of a program of probation. (Sec. 49, Rules on

Probation Methods and Procedures)

Final Report for Closing or Terminating the Probation Case

The Rules on Probation provides that, at least thirty (30) days before the

expiration of the period of probation, the Probation Office shall submit a final

report (Probation Form No. 9) to the court, which shall indicate the following,

among others:

1. The program of supervision and treatment followed in dealing with the

probationer;

2. The response of the probationer to supervision and treatment;

3. The result of said supervision;

4. A recommendation as to whether or not the probationer may be discharged

from probation or in the alternative, whether probation should be continued,

where applicable; and if discharged, to advise the probationer to continue

therapy, where necessary, even after the termination of probation; and

5. Such other information as may be required by the court. (Sec. 50, Rules on

Probation Methods and Procedures)

Confidentiality of Records of a Probationer

The investigation report and the supervision history of a probationer

obtained under this Decree shall be privileged and shall not be disclosed directly

or indirectly to anyone other than the Probation Administration or the court

concerned, except that the court, in its discretion, may permit the probationer of

his attorney to Inspect the aforementioned documents or parts thereof whenever

the best interest of the probationer make such disclosure desirable or helpful:

Provided, further. That, any government office or agency engaged in the

correction or rehabilitation of offenders may, if necessary, obtain copies of said

documents for its official use from the proper court or the Administration. (Sec.

17, P.D. No. 968, as amended (emphasis supplied])

In view of the recent enactment, which unequivocally expresses the

intention to maintain the confidentiality of information in cases involving violence

against women and their children, henceforth, the Court shall withhold the real
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name of the victim-survivor and shall use fictitious initials instead to represent

her. Likewise, the personal circumstances of the survivors or any other

information tending to establish or compromise their identities, as well as those

of their immediate family or household members, shall not be disclosed. (People

vs. Cabalquinto, G.R. No, 167693, September 18, 2006, citing Sec. 40 of R.A. Na.

9262)

Application of Probation to Children in Conflict with the Law

Under R.A. No. 9344 known as the "Juvenile Justice Welfare Act of 2006,"

a Child in Conflict with the Law (CICL) shall be entitled to probation under the

Probation Law of 1976 in lieu of service of his sentence. Section 42 of the law

provides:

"SEC. 42. Probation as an Alternative to Imprisonment. - The court may. after it

shall have convicted and sentenced a child in conflict with the law, and upon

application at any time, place the child on probation in lieu of service of his/ her

sentence taking into account the best interest of the child. For this purpose,

Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law

of 1976", is hereby amended accordingly"(Emphasis supplied)

References:

Handbook on

NON-INSTITUTIONAL CORRECTIONS

LINNET DOLINEN - GAHAR

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Intermediate Sentence and its Purpose

Indeterminate sentence is a sentence with

a minimum term and a maximum term, which the

court is mandated to impose for the benefit of a

guilty person who is not disqualified. It applies to

both violations of the Revised Penal Code (RPC)

and special laws.

The purpose of the law is to uplift and redeem valuable human material and

prevent unnecessary and excessive deprivation of personal liberty and economic

usefulness. (People v. Onate, 78 SCRA 43) As a rule, it is intended to favor the

accused particularly to shorten his term of imprisonment, depending upon his

behavior and his physical, mental, and moral record as a prisoner to be determined

by the Parole Board.

The indeterminate sentence removes length of sentence from jurisdiction

of the court. passing the authority to a parole board of several members, who are

ideally supposed to be experienced students of human behavior and of

rehabilitation

Chapter 8: Indeterminate Sentence Law

At the end of this chapter the student should be able to:

• Define Indeterminate Sentence Law

• Enumerate the Objectives, Factors, and Rules in Determining

the Maximum and Minimum Term of the ISLAW

• Understand the Scale and Ranges of Penalties from which to

take a Penalty Lower or Higher by One or more Degrees.

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Origin and Development of Indeterminate Sentence

The indeterminate sentence originated as a means of securing social

protection against offenders; it was occasionally used in the middle ages and

seems to have been introduced for this purpose into the Carolina (1732), the

Theresiana (1768), the colonial laws of Connecticut (1769), and the Prussian
Landrecht (1794).

In the Prussian Decree of 1799, it was employed as a primary penalty for

thieves and robbers, in Feuerbach's monumental achievement, the criminal code

of Bavaria (1813), and in the code of Oldenburgh (1814), the use of indeterminate

sentence was extended to a number of other offenders under very long terms of

imprisonment. (Sen. Laurel, Laurel Report on Penal Reform p. 245-246)

In recent decades the indeterminate sentence has reappeared in the criminal

law of continental countries and elsewhere; it was adopted by Norway in 1902, by

New South Wales in 1904, by New Zealand in 1905, and in England in 1908. Spain

and Sweden in 1928, Yugoslavia in 1929 and Denmark in 1930 added similar

preventive detention laws. Austria in 1928 and Denmark in 1930 also extended

the indeterminate sentence to juvenile or adolescent delinquents for corrective

purposes. (ibid).

Indeterminate Sentence and Parole in the Philippines

Indeterminate sentence and parole were introduced in our penal and

correctional system on December 5, 1933 with the approval of Republic Act No.

4013 entitled "an act to provide for an indeterminate sentence and parole for all

persons convicted of certain crimes by the courts of the Philippine Islands; to

create a Board of Indeterminate Sentence and to provide funds therefor; and for

other purposes." Except for a few minor amendments the original provisions of

the law have survived.

Distinction between An Indeterminate Sentence from A Determinate Sentence

An indeterminate sentence is a sentence imposed for a crime that is not

given a definite duration. The prison term does not state a specific period of time

or release date, but just a range of time, such as "five to ten years."

On the other hand, a determinate sentence is a sentence of confinement for

a specific or minimum period specified by statute. The period fixed by the statute

is not negotiable. A convicted person could serve more than the determinate
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sentence but not less. Actual limits of determinate sentence are determined at the

time the sentence is imposed.

Objectives of the Indeterminate Sentence Law

The objectives of the law are:

1. To avoid prolonged imprisonment of convicts resulting in economic

wastefulness;

2. To decongest the jails by having the convicts serve their sentences outside

of prison;

3. To save the government of the expenses necessary to maintain these

prisoners in confinement; and

4. To promote reformation of the prisoner by having him under the supervision

of parole officer

Instances when Indeterminate Sentence Law is not Applicable

It is a basic law that the application of the Indeterminate Sentence Law is

mandatory except only in the following cases:

1. Persons convicted of offenses punished by death or life imprisonment;

2. Those convicted of treason (Article 114, RPC), conspiracy or proposal to

commit treason (Article 115, RPC);

3. These convicted of misprision of treason (Article 116, RPC), rebellion

(Article 134, RPC), sedition (Article 139, RPC), or espionage (Article 117,

RPC):

4. Those convicted of piracy (Article 132, RPC);

5. Those who are habitual delinquents (Article 62, Par. 5, RPC):

6. Those who escape from confinement or those who evaded sentence;

7. Those who violated the terms of conditional pardon granted to them by the

Chief Executive;

8. Those whose maximum period of imprisonment does not exceed one year;
9. Those who are already serving final judgment upon the approval of the

Indeterminate Sentence Law (December 5, 1933); and

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10.Those sentenced to destierro or suspension.

Factors Considered in Granting Parole to an Offender with an Indeterminate

Sentence

1. The original recommendation of the sentencing judge and prosecutor.

2. The length of time an offender has served on the conviction to date.

3. 3Any aggravating or mitigating factors or circumstances relative to the

crime of conviction.

4. The offender's entire criminal history.

5. All available information from the victim or the victim's family, to include

comment on the impact of the crime, concerns about the offender's potential

release and requests for conditions if the offender is released.

6. Participation in or refusal to participate in available programs or resources

designed to assist an offender in reducing the risk of re-offense.

7. The risk to public safety.

8. Serious and repetitive disciplinary infractions during incarceration.

9. Evidence of an inmate's continuing intent or propensity to engage in illegal

activity (e.g., victim harassment, criminal conduct while incarcerated, use

of illegal substances.)

10.Statements or declarations by the offender that he/she intends to reoffend

or does not intend to comply with conditions of parole.

11.Evidence that an inmate presents a substantial danger to the community if

released.

Rules in Determining the Maximum and Minimum Term of the Indeterminate

Sentence

1. If the crime is a violation of the Revised Penal Code:

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a. Maximum term - arrived at by taking into account the attendant

circumstances according to Article 64 of the Revised Penal

Code.

b. Minimum term - shall be within the range of the penalty next

lower by one degree than the imposable penalty for the crime

committed.

2. If the crime committed is a violation of a special law (without adopting the

nomenclature of penalties under the Revised Penal Code) - both the

minimum and the maximum term shall be fixed by the court within the range

prescribed by the special law:

a. Maximum term - not higher than the maximum period of the

penalty fixed by the special law.

b. Minimum term - not lower than the minimum period of the

penalty fixed by the special law.

3. If the crime committed is a complex felony

In complex crimes, the penalty imposable is always the penalty for

the graver offense to be imposed in its maximum period regardless of the

presence of any mitigating or aggravating circumstances.

Application of Indeterminate Sentence Law in Complex Crimes where there are

Mitigating Circumstances

There are two (2) rules to take note of:

1. The Gayrama Rule

The rule provides that, the basis for going down by one (1) degree

is, if the penalty is prision mayor maximum, one (1) degree lower is prision

mayor medium. Hence, based on Indeterminate Sentence Law, the duration

is prision mayor minimum to medium.

2. The Gonzales Rule

The rule also provides that, the basis of going down by one (1) degree

is to go down one whole degree. In the same example above, one (1) degree

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lower now is now prision correccional. The duration based on Indeterminate

Sentence Law is arresto mayor to prision correccional.

Four Steps on How to Fix the Indeterminate Sentence

1. Determine the crime committed and the penalty imposed by the Revised

Penal Code or special law;

2. Fix the proper degree by determining if Article 64 paragraph 5, (two or

more mitigating and no aggravating), Article 68 (minority) and Article 69

(incomplete self-defense) under the Revised Penal Code are present. Lower

the penalty by degree or degrees.

3. Fix the minimum penalty by lowering the penalty by one degree from the

penalty imposable or from the proper degree if step number 2 is applicable.

This is the basis of the minimum without reference to any particular period.

4. Fix the maximum period by going one degree higher from the minimum and

look for remaining mitigating or aggravating circumstance if any. Apply the

rules on offsetting in Article 64 of the Revised Penal Code. (Paredes and

Ortega Lecture Fusion, Criminal Law Review, 2008 ed. p. 40)

Outline of the Rules and Provision of Law as Basis for the Fixing of Indeterminate

Sentence

A. Article 64 of the RPC - Rules for the Application of Penalties, which Contain

Three Periods:

1. No aggravating and no mitigating - medium period.

2. Only mitigating - minimum period.

3. Only aggravating - maximum period.

NOTE: The correct rule that we are adopting now is the Gayrama Rule. This is also

applied to special aggravating circumstances, quasi-recidivism, error in

personae.

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4. Where there are aggravating and mitigating - the court shall offset those of

one class against the other according to their relative weight.

5. Two or more mitigating and no aggravating - penalty next lower to the

period applicable, according to the number and nature of such

circumstances.

6. No penalty greater than the maximum period of the penalty prescribed by

law shall be imposed, no matter how many aggravating circumstances are

present.

7. The court shall determine the extent of the penalty within the limits of each

period, according to the number and nature of the aggravating and mitigating

circumstances and the greater or lesser extent of the evil produced by the

crime.

B. Article 68 of the RPC - Penalty to be Imposed upon a Person under Eighteen

Years of Age:

When the offender is a minor under eighteen years and his case is one

coming under the provisions of the paragraph next to the last of Article 80 of this

Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted

from liability by reason of the court having declared that he acted with

discernment, a discretionary penalty shall be imposed, but always lower by

two degrees at least than that prescribed by law for the crime which he

committed.

2. Upon a person over fifteen and under eighteen years of age the penalty

next lower than that prescribed by law shall be imposed, but always in the

proper period.

If said child in conflict with the law has reached eighteen (18) years of age
while under suspended sentence, the court shall determine whether to discharge

NOTE:Under Sec. 38 of R.A. No. 9344, suspension of sentence shall still be applied

even if the juvenile is already eighteen (18) years of age or more at the time of

the pronouncement of his/her guilt.

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the child in accordance with R.A. 9344, to order execution of sentence or to extend

the suspended sentence for a certain specified period or until the child reaches

the maximum age of twenty-one (21) years. (Sec. 40, R.A. 9344)

C. Article 69 of the RPC - Penalty to be imposed when the Crime Committed

is not wholly excusable.

A penalty lower by one or two degrees than that prescribed by law shall be

imposed if the deed is not wholly excusable by reason of the lack of some of the

conditions required to justify the same or to exempt from criminal liability in the

several cases mentioned in Articles 11 and 12, provided that the majority of such

conditions be present. The courts shall impose the penalty in the period which

may be deemed proper, in view of the number and nature of the conditions

exemption present or lacking.

Distinction between Degrees of Penalty from Period of Penalty

A degree is one entire penalty, one whole penalty or one unit of the

penalties enumerated in the graduated scales provided in Article 71 of the Revised

Penal Code. Each of the penalties of reclusion perpetua, reclusion temporal,

prision mayor, etc., enumerated in the graduated Scales of Article 71, is a degree.

A period is one of the three portions, called minimum, medium, and

maximum, of a divisible penalty.

The Scale and Ranges of Penalties from which to take a Penalty Lower or Higher

by One or More Degrees

1. Death:

2. Reclusion Perpetua: 20 years, 1 day to 40 years, after serving 30 years, he

may be pardoned.

3. Reclusion Temporal: 12 years and 1 day to 20 years

Minimum: 12 years and 1 day to 14 years and 8 months

NOTE: In view of the prohibition of the death penalty under R.A. No. 9346, 1t is no

longer included in the Scale of Penalties under Article 71 of the Revised Penal

Code (RPC). (People vs. Bon, G.R. No. 166401, October 30, 2006)

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MODULE: Non - Institutional Corrections

Medium: 14 yrs., 8 months and 1 day to 17 yrs. and 4 months

Maximum: 17 yrs., 4 months and 1 day to 20 years

4. Prison Mayor: 6 years and 1 day to 12 years

Minimum: 5 years and 1 day to 8 years

Medium: 8 years and 1 day to 10 years

Maximum: 10 years and 1 day to 12 years

5. Prison Correccional and Destierro: 6 mos, and 1 day to 6 yrs.

Minimum: 6 months and 1 day to 2 years and 4 months

Medium: 2 yrs., 4 months and 1 day to 4 yrs. and 2 months

Maximum: 4 years, 2 months and 1 day to 6 years

6. Arrest Menor: 1 month and 1 day to 6 months

Minimum: 1 month and 1 day to 2 months

Medium: 2 months and 1 day to 4 months

Maximum: 4 months and 1 day to 6 months

7. Public Censure

8. Fine

Distinction between Parole under the indeterminate Sentence Law and Pardon

1. In parole, the minimum sentence must be served; in pardon, service is not

required for the grant thereof.

2. Parole is a benefit granted by law, specifically the Indeterminate Sentence

Law (ISLAW). pardon is an exercise of the power of the President of the

Republic of the Philippines under the Constitution.

Persons Convicted of Offenses Punished with Reclusion Perpetua not Eligible

under Act No. 4103

The Death Penalty Law (R.A. No 7659) and R.A. No. 8177 otherwise known

as the "Act Designating Death by Lethal Injections were expressly repealed by

R.A No. 9346 - An Act Prohibiting the Death Penalty. Pursuant to Sections 3 and

4 of the said law, the court can only impose the penalty of reclusion perpetua

without eligibility for parole, in lieu of the death penalty

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MODULE: Non - Institutional Corrections

"SEC. 3. Person convicted of offenses punished with reclusion perpetua, or

whose sentences will be reduced to reclusion perpetua, by reason of this Act,

shall not be eligible for parole under Act No. 4103, otherwise known as the

Indeterminate Sentence Law, as amended." (Emphasis supplied)

"SEC. 4. The Board of Pardons and Parole shall cause the publication at

least once a week for three consecutive weeks in a newspaper of general

circulation of the names of persons convicted of offenses punished with reclusion

perpetua or life imprisonment by reason of this Act who are being considered or

recommended for commutation or pardon; Provided, however, That nothing herein

shall limit the power of the President to grant executive clemency under Section

19, Article VII of the Constitutions."

References:

Handbook on

NON-INSTITUTIONAL CORRECTIONS

LINNET DOLINEN - GAHAR