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CA2

CRIMINAL JUSTICE SYSTEM – refers to the system COMMUNITY-is to help and coordinate the program of

Or process in the community which crimes are the government specifically on the maintenance of

Investigated. Peace and order.

PHILIPPINE CRIMINAL JUSTICE SYSTEM- composed EARLY FORMS OF PUNISHMENT- Society is judged by

Of five parts or pillars, namely, Law Enforcement how it treats its prisoners and that the methods

,Prosecution, Judiciary, Penology, and the Community. Employed in the past were harsh in terms of treatment

LAW ENFORCEMENT- consist of the officers and men of its prisoners.

Of the PNP, the NBI and other agencies. BLOOD FEUDS-is a containing state of conflict between

PROSECUTION- considers the background to determine two groups within the society characterized violence,

whether the person arrested for violating a law should usually killings and counter killings.

be prosecuted. All cases involving violation of penal LEX TALIONIS-also known as “Law of Retaliation”, is a

laws are logged In DOJ through its NPS (NATIONAL principle developed in early Babylonian law and present

PROSECUTION SERVICE) in both biblical and early Roman law that criminals

PROSECUTION STAFF OR STATE PROSECUTORS- received punishment. Many early societies applied this

Investigative administration charges against prosecutors “eye-for-an-eye” principle literally.

And other prosecution office. CORPORAL PUNISHMENT-is the dispensing of bodily

REGIONAL STATE PROSECUTORS- Prosecute any case harm in response to or as a deterring measure against

arising within the region. Crime.

PROVINCIAL AND CITY PROSECUTORS- He shall charge CAPITAL PUNISHMENT-referred to as the death

Of the prosecution of all crimes, misdemeanors and penalty, has been used as a method of crime

Violations of city or municipal ordinances in the courts deterrence since the earliest societies.

Such province or city. EXILE AND BANISHMENT-is a punishment by prolonged

COURTS- is the cornerstone of the system wherein it absence from one’s country imposed by vested

Determines whether the person charged with the authority as a punitive measure.

Criminal offense guilty or not. PHILIPPINE CORRECTIONS SYSTEM-adopted two

CORRECTION- It is considered as the weakest pillar in approaches for treatment of offenders. These are the

The Philippine Criminal Justice System because they fail Institutional-Based Treatment program and the

To reform offenders and prevent them from returning Community-Based Treatment program.

To criminal Life.
INSTITUTIONAL BASED CORRECTION- In Philippines SUBSTANCE ABUSE TREATMENT

, there is a distinction between a “jail” and “prison”. DAY REPORTING CENTERS

TWO CATEGORIES OF INMATES: HOUSE CONFINMENT

PRISONER-inmate who is convicted by final judgement HALFWAY HOUSE

DETAINEE-inmate who is undergoing investigation/trial BOOT CAMP

Or awaiting final judgement. DIVERSION

FOUR CLASSES OF PRISONERS: HISTORY OF COMMUNITY BASED CORRECTION:

INSULAR OF NATIONAL PRISONER-prison term of three EARLY ALTERNATIVE SANCTIONS

Years and one day to death. 1. SANCTUARY

PROVINCIAL PRISONER-prison term of six months and 2. BENEFIT OF CLERGY

One day to three years. 3. JUDICIAL REPRIEVE

CITY PRISONER- prison terms of one day to three years. 4. RECOGNIZANCE

MUNICIPAL PRISONER-prison term of one day to six HISTORY OF PROBATION-is a correctional method

Months. Under which the sentences of selected offenders may

INSTITUTIONAL FRAMEWORK-The treatment of offenders be conditionally suspended upon the promise of good

And individuals who are conflict with the law is undertaken behavior and agreement to accept supervision and

By the government through the DOJ, DILG, and the DSWD. Abide by specified requirements.

CORRECTIONS-refers to the supervision if persons arrested MATTHEW DEVENPORT HILL-he was a lawyer in

For, convicted of, or sentenced for criminal offenses. England, held the judicial post of recorder in the city of

RATIONALE FOR NON-INSTITUTIONAL CORRECTION: Birmingham.

HUMANITARIAN ASPECT- Imprisonment is not always JOHN AUGUSTUS- “Father of Probation”

Advisable KILLITS DECISION-allowing courts to suspend the

RESTROACTIVE ASPECT-these measures may be directed imposition of sentence and place and offender on

At changing and controlling the offender. Probation which is known as the Killits Decision

MANEGARIAL ASPECT-It is easier to manage those PROBATION OF OFFENDERS ACT 1907- is an act of the

Undergoing community based treatment programs than United Kingdom Parliament, commonly referred to as

That of custodial control. Just the Probation Act.

TYPES OF COMMUNITY BASED SANCTIONS: PROBATION ACT OF 1925-signed by President Calvin

PROBATION Coolidge, provided for a probation system in the federal

INTENSIVE SUPERVISION courts in the United States.

RESTITUTION AND FINES

COMMUNITY SERVICE
HISTORY OF PHILIPPINE PROBATION: 4. SUSPENDED SENTENCE FOR FIRST-TIME MINOR

PROVISIONS FOR JUVENILE PROBATION-have been DRUG OFFENDER-it is availed only once by an accused

Embodied in Article 80 of the Revised Penal Code drug dependent who is a first-time offender over

Since its enactment in 1932. 15 years of age at the time of commission of the

PRESIDENTIAL DECREE NO.603-Known as the “Child violation of Section 15 of RA 9165.

and Youth Welfare Code” 5.MAJOR REHABILITATION PROGRAMS- “meat and

REPUBLIC ACT NO.6425- “Dangerous Drugs Act of 1972” bone of community-based correction.

INTEGRATION OF ADULT PROBATION-According to CHAPTER 3

the Parole and Probation Administration, the move PROBATION-is a disposition under which a defendant,

to integrate adult probation in the Philippine criminal after conviction and sentence, is released subject to

justice system began early in the 20th century when condition imposed by the court and to supervision of

the Philippine Legislature approved Act No.4221 on a probation officer.

August 7, 1935. PAROLE AND PROBATION ADMINISTRATION-was

COGRESSMAN TEODULO C. NATIVIDAD-he is also created by virtue of Presidential Decree no.968, also

Known as the “Father of Probation in the known as The Probation of law of 1976, to administer

Philippines”. The probation system.

INSTITUTIONALIZATION OF PROBATION-President ORGANIZATIONAL STRUCTURE OF PAROLE AND

Ferdinand E. Marcos signed the proposed decree PROBATION ADMINISTRATION:

Known as Presidential Decree No.968 or the OFFICE OF THE ADMINISTRATOR-acts as Head of the

Adult Probation Law of 1976. Agency Executive Officer of the Administration.

NON-INSTITUTIONAL CORRECTION IN THE PHILIPPINES: OFFICE OF DEPUTY ADMINISTRATOR-assist the

1.PROBATION-It is a privilege granted by the court Administrator and performs such duties as may be

To a person convicted of a criminal offense to remain assigned by Administrator.

In the community instead of actually going to prison -ADMINISTRATIVE DIVISION

/jail. -FINANCIAL MANAGEMENT DIVISION

2.PAROLE-It is the conditional release of a prisoner from -PLANNING DIVISIOM

A correctional institution after serving the minimum -REGIONAL PAROLE AND PROBATION OFFICE

Period of prison sentence. -CASE MANAGEMANT AND RECORDS DIVISION

3.EXECUTIVE CLEMENCY- under section 19, Article -COMMUNITY SERVICE DIVISION

VII of the Constitution, the president may grant -LEGAL DIVISION

Reprieves, communications and pardon, and remit -TECHNICAL SERVICE DIVISON

Fines and forfeitures, after conviction by final judgement


PRESIDENTIAL DECREE NO.968 of 1976-Also known as the the probation officer.

Probation Law of 1976, was signed by President Ferdinand EXECUTIVE ORDER NO. 292 OF 1987-or the

E. Marcos on July 24, 1976. Administrative Code of 1987.

PROBATIONER-means a person placed on probation REPUBLIC ACT NO.10389 OF 2013-also known as the

PROBATION OFFICER-means one who investigate for the “Recognize Act of 2012” was signed on March 14,

Court a referral for probation or supervises a probationer or 2013, by President Benigno S. Aquino III

Both. KATARUNGANG PAMBARANGAY – takes charge

PERIOD OF PROBATION-a defendant sentenced to a term of all disputes between and among parties residing

of imprisonment of not more than one year shall not exceed in the same village, city or municipality.

two years, and in all other cases, said period shall not exceed LUPONG TAGAPAMAYAPA – Carries out the

six years. Functions of the Katarungang Pambarangay

THE PROBATION ADMINISTRATION-under the Department Of ABSOLUTE PARDON – has no condition attached

Justice (DOJ), which exercise general supervision over all CONDITIONAL PARDON – refers to the exemption

Probationers. Of an individual within certain limits or conditions

ASSISTANT PROBATION ADMINISTRATOR-shall assist the AMNESTY – is a general pardon extended to a certain

Administrator to perform his/her duties as may be assigned class of people who are usually political offenders.

To him by the latter as may provided by law. REPRIEVE – applied to death sentences already by

REGIONAL OFFICE AND REGIONAL PROBATION OFFICER- the Supreme Court.

Organized in accordance with the field service area patterns COMMUTATION OF SENTENCE – the reduction of

Established under the Integrated Reorganization Plan. The duration of a prison sentences

PROVINCIAL AND CITY PROBATION OFFICER-upon

Recommendation of the Administrator and in accordance

With civil service law and rules appoints at least one

Probation officer in each province and city.

REPUBLIC ACT NO. 10707 OF 2015-was signed on

November 26, 2015 by President Benigno S. Aquino III

GRANT OF PTOBATION-the court may suspend the execution

Of said sentence and place the defendant on probation for

Such period, only after it convicted and sentenced a

Defendant for a probationable penalty.

TERMINATION OF PROBATION-after the period of probation

And upon consideration of the report and recommendation of

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