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Non-Institutional

Correction ULO A
Instructor:
SUPT RODOLFO B ALOCELJA BFP MSCJ
Table of Contents
• Overview of the Correction Institution as part of 5 Pillar
of Criminal Justice System
• Historical background of Probation system
• Community Base Treatment Rehabilitation
• Restorative justice
• Psychological/ Therapeutic
• Volunteer probation aid
• Historical accounts of Pardon, Amnesty, Parole, and
Probation
Overview of the Correction Institution as part of 5 Pillar of
Criminal Justice System
Five Components in the Criminal Justice System

Law Enforcement
•Its function is to conduct investigation on the alleged crime
committed by a person, to arrest or detain violator of the penal
law or an ordinance, to effect the warrant issued by the court
and to assist the complainant to file a case.

Prosecution

• Its function is to evaluate the findings of the police submitted to


their office, to conduct preliminary investigation, to receive the
complaint filed by the victim and to be responsible to file
information to the court and to act as a legal prosecutor of the
offended party.
Five Components in the Criminal Justice System

Court

• Its function is to conduct cross examination of the witness before the issuance
of the warrant either warrant of arrest or search warrant; to conduct
arraignment and to hold trial before giving final decision of the case.

Correction

• is considered as the weakest components of the CJS. Its function is to reform


the convicted offender through the rehabilitation program inside the correction.
The function of the correction in our criminal justice system is to reform the
offender through rehabilitation program such as giving an opportunity to every
convicted offender to continue his study by way of Vocational training
program.

Community

• The function of the community pillar is to help and coordinate the program of
the government specifically on the maintenance of peace and order.
Philippine Criminal Justice System
LAW PROSECUTI
ENFORCEME ON
NT

CRIM COURT

E
COMMUNIT CORRECTIO
Y NS
What is Correction?
• A branch of the criminal justice system
concerned with the custody, supervision,
and rehabilitation of offenders
• Field of criminal of criminal justice
administration which utilizes the body of
knowledge and practices of the
government and the society in general for
the purposes involving the process of
handling individuals who have been
convicted of offenses of crime prevention
and purposes crime prevention and
control
What is Correction?
• Study of jail/prison management and
administration as well as the and rehabilitation
and reformation of criminal offenders
• Generic term that includes all government
agencies, facilities, programs, procedures,
personnel, and techniques concerned with the
investigation, intake custody, confinement,
supervision or treatment of alleged offenders.
• Considered as the “Weakest Pillar” of the
Philippine Criminal Justice System due to its
failure to rehabilitate inmates which are
evident in the increasing of inmates in prisons.
What is Non Institutional based Correction?
• Is a community based
programs such as probation,
suspended sentence for first
time minor offender, parole,
and conditional pardon and
this is one of the best
example of the positive
school of thought.
What is Community Based Corrections?
• Not all convicted offenders have to serve
their sentence behind bars. Some are
allowed to stay in the community, subject
to conditions imposed by the government.
They are either granted Probation, Parole,
Conditional Pardon or Recognizance.
• Community-based approach to corrections
as a way to decongest the prisons involve
the Public Attorney’s Office and the
National Prosecution Service effecting the
immediate release of detainees either on
bail or recognizance and giving priority to
the trial of detainees who cannot be
released on bail or recognizance.
What is Community Based Corrections?
• It involves the efficient performance
of the Boards of Pardons and Parole
in the granting of timely release of
prisoners and the effective supervision
of released prisoners on parole or
conditional pardon and those under
probation by the
• Probation and Parole Administration.
Probation and Parole are two forms of
non-institutional or community-based
corrections.
CORRECTION
ADMINISTRATION

NON-INSTITUTIONAL NON-INSTITUTIONAL
CORRECTION CORRECTION

BJMP BUCOR PROVINCIAL


(detainees & (prisoners 3 years JAIL
prisoners 3 years and (prisoners 3 years
and below) 1 day and above) and below)

BPP PPA
DBB DSWD
(executive (probationers.
(first time drug (child in conflict
clemencies, parole Parolees,
offender) with the law)
petitioners) pardonees)
EARLY FORMS OF PUNISHMENT IN
PRIMITIVE TIME
EARLY FORMS OF PUNISHMENT IN PRIMITIVE TIME
• The absence of Prison and Jails or even
courts and trials to hear the side of the
offenders is difficult in order to achieve fair
judgment.
• Since everything from clothing to child-
rearing has changed with the times, so has
our concept of “cruel and unusual” and
along with it our correctional practices.
• The torture, floggings and public
humiliations that characterized “correction”
of the past conflict with today’s concept of
the worth of life and human dignity.
EARLY FORMS OF PUNISHMENT IN PRIMITIVE TIME
• Blood feuds
• Ancient culture developed the idea of
justice based on vengeance, retribution
and compensation. When a crime is
committed; the victim is expected to
dole out justice with his own hands.
• Punishment was carried out by the
victim personally, along with help
provided by one’s family. The offender
will seek refuge to his family and
friends; as a result of this system, blood
feuds developed.
EARLY FORMS OF PUNISHMENT IN PRIMITIVE TIME
• Lex Taliones
• It is important to remember that
these formulations were codes, not
laws. Functionally; the system of
social control was quite simple.
• On a practical basis, personal
retribution by the victim was still
the dominant methods of control. In
fact the Law of Retaliation (Lex
Taliones) against the offender is
reflected in the code of Hammurabi
EARLY FORMS OF PUNISHMENT IN PRIMITIVE TIME
• The Medieval Punishments
• Like ancient forerunners
medieval Europeans were very
brutal in the exercise of
punishment such as: Knives,
Axes, Whip, Barnacles, Collars
and Cuffs were commonly used
to inflict punishment along with
confinement in cold, dark, damp,
vermin – infested dungeons.
THE MEDIEVAL PUNISHMENTS
• Iron Maiden
• is a box -like device with the
front half hinged like a door
so that a person could be
placed inside; when the door
was shut, protruding spikes
both back and front entered
the body of the victim.
THE MEDIEVAL PUNISHMENTS
• The Rack
• a kind of a device that drags apart the joints in
the feet and hands
• The Tower of London
• originally built as a fortress for defense of the
City. This is a famous symbol for such a cruel
punishment.
• It was there that an even more torturous
contraption was developed.
• Where the rack stretched its victims, this
machine compressed the body of the victims; it
is more dreadful and more complex than the
rack
THE MEDIEVAL PUNISHMENTS
• Banishment and Exile
• Serious offenders were
transported to banishment or
exile. Banishment was considered
an appropriate response to
misbehavior even in modified
form, for small children.
• E.g cutting of all communication
to his parents (Fox, 1998).
HISTORY OF PROBATION
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
• The concept of probation, from
the Latin word probatio - has
historical roots in the practice
of judicial reprieve--in English
Common Law the Courts could
temporarily suspensed the
execution of a sentence to
allow the defendant to appeal
to the Crown for a pardon.
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
Benefit of the Clergy
• the earliest device for softening brutal punishment
seems to have been the “ Benefit of the Clergy” dating
back to the reign of Henry II in the 13th century
• it originated in a compromise with the Church with
had maintained that a member of the clergy brought to
trial in a kings court might be claimed from that
jurisdiction by the bishop or chaplain representing
him on the ground that he; the prisoner was the
subject to the authority of the ecclesiastical courts
only.
• The benefit resulting from this compromise which
maintained jurisdiction in the King’s Court was
greater leniency in sentencing, and particular escape
from death penalty.( Mallare et,al 1998 ).
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
Recognizance
An even older method of suspending or
deferring judgment, the direct ancestor of
probation was recognizance or binding over for
good behavior.
This was based on ancient practice developed in
England in the 14th century .
This method of assuring good behavior was
extended at early date to person charged with
convicted of misdemeanor and was used in
addition to or in substitutions for other
punishment; this practiced was applied by the
English Criminal Law Consolidation Act of 1861
to persons convicted of any felony but not capital.
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
Transportation
Any description of the treatment of crime
in England must include the system of
transportation to her colonies which grew from
the ancient practice of banishment and flourished
for more than 200 years as a principal method of
disposing of offenders.
At first it was chiefly a way of ridding the
country of criminals later it was developed as a
plan supplying new colonies with cheap labor.
Offenders who were granted a reprieved were
permitted to accept transportation and were
handed over to contractors who engage to
convey them to America and later to Australia.
IMPORTANT CONTRIBUTORS ON PROBATION
IMPORTANT CONTRIBUTORS ON PROBATION
• Matthew Davenport Hill
• considered as a ‘Father of Probation in England”
• Beginning early in the year 1841, he had thus acted with
the regard to juvenile offenders, when there was ground
for believing that the individual was not wholly corrupt –
when there was reasonable hope persons to act as guardians
kind enough to take charge of the young convict he had left
himself justified in at once handing over the young offender
to their care, in the belief that there would be better hope of
amendment under such guardians than in the goal of the
country.
• At unexpected periods a confidential officer visits the
guardian, makes inquiries, and registers the fact of which he
is thus informed, in an account which has been regularly
kept”.
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
John Augustus
• a Boston boot maker, persuaded a judge in the Boston Police
Court in 1841 to give him custody of a convicted offender, a
"drunkard," for a brief period and then helped the man to appear
rehabilitated by the time of sentencing.
• Augustus thus began an 18-year career as a volunteer probation
officer. Not all of the offenders helped by Augustus were alcohol
abusers, nor were all prospective probationers taken under his
wing.
• Augustus was subsequently credited with founding the
investigations process, one of three main concepts of modern
probation, the other two being intake and supervision. Augustus,
who kept detailed notes on his activities, was also the first to
apply the term "probation" to his method of treating offenders.
• By 1858, John Augustus had provided bail for 1,946 men and
women. Reportedly, only 10 of this number forfeited their bond,
a remarkable accomplishment when measured against any
standard.
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
• Gov. Alexander H. Rice
• signed the first probation law
in Massachusetts on April 26,
1878.
• It provides for the
appointment and prescribed
the duties of a salaried
probation officer for the
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
President Calvin Coolidge
• Signed the National Probation Act
on March 5, 1925 which gave the
Federal Probation Service was
established to serve the U.S.
Courts.
• In 1951, all the states in the United
States of America had a working
probation system and ratified the
Interstate Compact Agreement
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
Edward Savage
• After Augustus's death, another Boston
philanthropist, Rufus R. Cook, continued
Augustus's work through the Children's Aid
Society and assisted juvenile offenders.
• Benjamin C. Clark volunteered as well to
continue Augustus's work. Boston led the nation
in establishing probation as a statutory sanction
in that the first state law prescribing for
probation was passed in Massachusetts in 1878,
granting the mayor of Boston the authority to
hire the first probation officer, a retired police
officer, Captain Edward Savage, who became a
full-time paid probation officer.
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
Samuel John Barrows
• began to campaign for probation law
after his appointment as a secretary
of the Prison Association of NY.
• A Unitarian minister and editor of
the Christian Register, he became
one of the founders of the
Massachusetts Prison Association in
1889 which took an active part in
extending probation in NY the Fifth
state to provide for adult probation.
HISTORY OF PROBATION: ORIGINS AND EVOLUTION
U.S. Chief Justice John Marshall
• exercised the earliest instant use of discretion
in modifying the prescribed penalties and
gradually developed more humane methods
of dealing with law violators.
Pres. Woodrow Wilson
• signed a proclamation of Amnesty and
Pardons on June 1, 1917, for those affected by
the ruling, an extension of executive of
executive clemency which was in accord with
precedents set by earlier presidential
proclamations of amnesty.
HISTORY OF PHILIPPINE PROBATION
Probation was first introduced in the
Philippines during the American colonial
period (1898 - 1945) with the enactment of
Act No. 4221 of the Philippine Legislature
on August 7, 1935.
This law created a Probation Office under
the Department of Justice. On November
16, 1937, after barely two years of
existence, the Supreme Court of the
Philippines declared the Probation Law
unconstitutional because of some defects in
HISTORY OF PHILIPPINE PROBATION
In 1972, House Bill No. 393 was filed in
Congress, which would establish a
probation system in the Philippines.
This bill avoided the objectionable features
of Act 4221 that struck down the 1935 law
as unconstitutional.
The bill was passed by the House of
Representatives, but was pending in the
Senate when Martial Law was declared and
Congress was abolished.
HISTORY OF PHILIPPINE PROBATION
In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law.
After 18 technical hearings over a period of six
months, the draft decree was presented to a selected
group of 369 jurists, penologists, civic leaders and
social and behavioral scientists and practitioners.
The group overwhelmingly endorse the
establishment of an Adult Probation System in the
country.
On July 24, 1976, Presidential Decree No. 968, also
known as Adult Probation Law of 1976, was signed
into Law by the President of the Philippines.
LEGAL BASIS OF PROBATION IN PHILIPPINES
• Presidential Decree No. 968 (July 24, 1976),
• “the Probation Law of 1976”, created the Probation Administration to administer
the probation system.
• Executive Order No. 292 (July 25, 1987),
• the “Administrative Code of 1987”, renamed the Probation Administration to Parole
and Probation Administration (PPA).
• Republic Act No. 9165 (June 7, 2002),
• or The Comprehensive Dangerous Drugs Act of 2002, put the investigation and
supervision of First Time Minor Drug Offenders under suspended sentence
(FTMDO) as an added function of the PPA.
• Executive Order No. 468 (October 11, 2005)
• revitalized the Volunteer Probation Aide (VPA) program, placing the PPA in the
forefront in relation to crime prevention, treatment of offenders in a community-
based setting, and in the overall administration of criminal justice.
FORMS OF COMMUNITY BASED
TREATMENT
Forms of Community Based Treatment
• PROBATION
• It is a disposition whereby a defendant, after
conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is
released subject to the conditions imposed by
the releasing court and under the supervision
of a probation officer.
• PAROLE
• Parole is the process of suspending the
sentence of a convict after having served the
minimum of his sentence without granting
him pardon, and prescribing the terms upon
which the sentence shall be suspended. (Cirilo
Tradio).
PAROLE VS. PROBATION
Forms of Community Based Treatment
• Pardon
• an act of grace extended to prisoners as a
matter of right, vested to the Chief
Executive (The President) as a matter of
power.
• Conditional Pardon
• a pardon given with requirements
attached.
• Absolute Pardon
• a pardon given without any
condition attached.
Forms of Community Based Treatment
• Amnesty
• a general pardon extended to a
class of persons or community
who may be guilty of political
offenses. It may be exercised
even before trial or investigation.
• It looks backward and puts into
oblivion the crime that has been
committed. It is proclaimed by
the President with the
concurrence of congress.
Forms of Community Based Treatment
• Commutation
• an act of the president changing/ reducing a
heavier sentence to a lighter one or a longer term
into a shorter term. It may alter death sentence to
life sentence or life sentence to a term of years. It
does not forgive the offender but merely to reduce
the penalty pronounced by the court.
• Reprieve
• a temporary stay of the execution of sentence
especially the execution of the Death Sentence.
Generally, reprieve is extended to prisoners
sentenced to death. The date of execution of
sentenced is set back several days to enable the
Chief to study the petition of the condemned man
for commutation of sentenced or pardon
ADVANTAGES OF COMMUNITY-BASED CORRECTIONS:
• Family members need not be victims also for the
imprisonment of a member because the convict can
still continue to support his family, not to be far away
from his children;
• Rehabilitation will be more effective as the convict
will not be exposed to hardened criminals in prisons
who will only influence him to a life of crime;
• Rehabilitation can be monitored by the community
thus corrections can be made and be more effective;
• Cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government. An entire bureaucracy will be eliminated
which includes the salaries, benefits and perks of the
officers and staff, capital outlays, operating costs,
maintenance of the facilities, subsistence of inmates,
and many others.
DISADVANTAGES OF COMMUNITY-BASED CORRECTIONS:
• Perhaps the most prominent advantage of community
corrections can also be its greatest disadvantage. As
previously mentioned, drug programs and boot camps might
ease crowding by placing prison-bound offenders in a
program that allows them the chance to avoid incarceration,
but such programs might also be filled with offenders who
actually should have received a less severe sentence.
• Another disadvantage is that public safety may be
compromised. Offenders are more easily able to continue
criminal behavior than if they were confined in jail or prison.
• Many community supervision programs are disconnected
from the various treatment services that exist to address the
multitude of problems offenders face. This becomes a
disadvantage to an offender’s success when treatment
attendance is lacking because of transportation problems and
inability to miss work.
PRESIDENTIAL DECREE 968 AND ITS
AMENDMENTS
PD 968:
• 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 probation
officer.
• (b) "Probationer" means a person placed on
probation.
• (c) "Probation Officer" means one who
investigates for the court a referral for
probation or supervises a probationer or both.
PD 968:
• Section 5. Post-sentence Investigation.
• 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 as well as that of the
defendant will be served thereby.
• Section 6. Form of Investigation Report.
• The investigation report to be submitted by
the probation officer under Section 5 hereof
shall be in the form prescribed by the
Probation Administrator and approved by the
Secretary of Justice.
PD 968:
• Section 7. Period for Submission of Investigation Report.
• The probation officer shall submit to the court the
investigation report on a defendant not later than sixty
days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for
probation not later than five days after receipt of said
report.
• Pending submission of the investigation report and the
resolution of the petition, the defendant may be allowed
on temporary liberty under his bail filed in the criminal
case; Provided, That, in case where no bail was filed or
that the defendant is incapable of filing one, the court
may allow the release of the defendant on recognize the
custody of a responsible member of the community who
shall guarantee his appearance whenever required by the
court.
PD 968:
• Section 8. Criteria for Placing an Offender on Probation.
• In determining whether an offender may be placed on
probation, the court shall consider all information
relative, to the character, antecedents, environment,
mental and physical condition of the offender, and
available institutional and community resources.
Probation shall be denied if the court finds that:
• (a) the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution; or
• (b) there is undue risk that during the period of
probation the offender will commit another crime; or
• (c) probation will depreciate the seriousness of the
offense committed.
PD 968:

• Section 13. Control and Supervision of


Probationer.
• The probationer and his probation program shall be under
the control of the court who placed him on probation
subject to 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 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.
PD 968:
• Section 14. Period of Probation.
• (a) The period of probation of a defendant
sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in
all other cases, said period shall not exceed six
years.
• (b) 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 of the Revised
Penal Code, as amended.
PD 968:
• Section 17. Confidentiality of Records.
• 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.
• Section 18. The Probation Administration.
• There is hereby created under the Department of Justice an agency to be
known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all
probationers.
• The Administration shall have such staff, operating units and personnel as
may be necessary for the proper execution of its functions.
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 1. Section 4 of Presidential Decree No.
968, as amended, is hereby further amended to
read as follows:
• SEC. 4. Grant of Probation.
• Subject to the provisions of this Decree, the
trial court may, after it shall have convicted
and sentenced a defendant for a
probationable penalty and upon application
by said 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.
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 1. Section 4 of Presidential Decree No.
968, as amended, is hereby further amended to read
as follows:
• SEC. 4. Grant of Probation.
• No application for probation shall be entertained or
granted if the defendant has perfected the appeal from
the judgment of conviction:
• Provided, That when a judgment of conviction
imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the
modified decision before such decision becomes final.
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 1. Section 4 of Presidential Decree No.
968, as amended, is hereby further amended to read
as follows:
• SEC. 4. Grant of Probation.
• The application for probation based on the modified
decision shall be filed in the trial court where the
judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial
court where such case has since been re-raffled.
• In a case involving several defendants where some
have taken further appeal, the other defendants may
apply for probation by submitting a written
application and attaching thereto a certified true copy
of the judgment of conviction.
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 1. Section 4 of Presidential Decree No. 968, as
amended, is hereby further amended to read as follows:
• SEC. 4. Grant of Probation.
• “The trial court shall, upon receipt of the application filed,
suspend the execution of the sentence imposed in the
judgment.
• “This notwithstanding, the accused shall lose the benefit
of probation should he seek a review of the modified
decision which already imposes a probationable penalty.
• “Probation may be granted whether the sentence imposes
a term of imprisonment or a fine only. The filing of the
application shall be deemed a waiver of the right to
appeal.
• “An order granting or denying probation shall not be
appealable.”
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 2. Section 9 of the same Decree, as amended, is hereby
further amended to read as follows:
• SEC. 9. Disqualified Offenders. — The benefits of this Decree
shall not be extended to those:
• sentenced to serve a maximum term of imprisonment of
more than six (6) years;
• convicted of any crime against the national security;
• who have previously been convicted by final judgment of an
offense punished by imprisonment of more than six (6)
months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
• who have been once on probation under the
provisions of this Decree; and
• who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.”
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 3. Section 16 of the same Decree, as amended, is
hereby further amended to read as follows:
• SEC. 16. Termination of Probation.
• 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 suspended as a result
of his conviction and to totally extinguish his criminal
liability 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.”
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 6. Section 28 of the same Decree is
hereby amended to read as follows:
• SEC. 28. Volunteer Probation Assistants (VPAs).
• To assist the Chief Probation and Parole
Officers in the supervised treatment program of
the probationers, the Probation Administrator
may appoint citizens of good repute and
probity, who have the willingness, aptitude, and
capability to act as VPAs.
• “VPAs shall not receive any regular
compensation except for reasonable
transportation and meal allowances, as may be
determined by the Probation Administrator, for
services rendered as VPAs.
REPUBLIC ACT 10707: AN ACT AMENDING PRESIDENTIAL DECREE NO.
968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
• SECTION 6. Section 28 of the same Decree is hereby
amended to read as follows:
• SEC. 28. Volunteer Probation Assistants (VPAs).
• “They shall hold office for a two (2)-year term which
may be renewed or recalled anytime for a just cause.
Their functions, qualifications, continuance in office
and maximum case loads shall be further prescribed
under the implementing rules and regulations of this
Act.
• “There shall be a reasonable number of VPAs in every
regional, provincial, and city probation office. In order
to strengthen the functional relationship of VPAs and
the Probation Administrator, the latter shall encourage
and support the former to organize themselves in the
national, regional, provincial, and city levels for
effective utilization, coordination, and sustainability of
PD 968:
• Section 1. Title and Scope of the Decree.
• This Decree shall be known as the Probation Law
of 1976. It 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.
• Section 2. Purpose. This Decree shall be
interpreted so as to:
• (a) promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
• (b) provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and
• (c) prevent the commission of offenses.
OMNIBUS RULES ON PROBATION
• Section 1. Title.
• These Rules shall be known and cited as the "Parole and
Probation Administration Omnibus Rules on Probation
Methods and Procedures" or, for brevity, "Probation Rules"
or simply "Rules".
• Section 2. Policy Objectives and Declared Purposes.
• These Rules are adopted to carry out the purposes of PD
968, as follows:
• a) to promote the correction and rehabilitation of
an offender by providing him with individualized
community based treatment;
• b) to provide an opportunity for his reformation
and re-integration into the community; and
• c) to prevent the commission of offenses.
OMNIBUS RULES ON PROBATION
• Section 4. Definition of Terms. - As used in these Rules, unless the context provides otherwise, the
following terms shall be construed, thus:
• (a) "Probation" - a disposition under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the Trial Court and to the supervision of a Probation Officer;
• (b) "Petitioner" - a convicted defendant who files an application for probation;
• (c) "Probationer" - a person who is placed under probation;
• (d) "Probation Officer" - public officer like the Chief Probation and Parole Officer (CPPO), Supervising
Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and Probation Officer II
(PPOII), or Parole and Probation Officer I (PPOI), who investigates for the Trial Court a referral for probation or
supervises a probationer or does both functions and performs other necessary and related duties and functions as
directed;
• (e) "Trial Court" - refers to the Regional Trial Court (RTC) of the Province or
• City/Municipal Court which has jurisdiction over the case;
• (f) "Probation Office" - refers either to the Provincial or City Probation Office directed to conduct investigation
or supervision referrals as the case may be;
• (g) "Probation Order" - order of the trial court granting probation.
• The appearance of the above-mentioned Parole and Probation Administration (PPA) officials, upon
written invitation or order of the Trial Court, may be on issues on probation services only not on legal
questions, the latter issue being within the province of the courts to decide or resolve.
OMNIBUS RULES ON PROBATION
• Section 6. Filing.
• Application for probation shall be filed with the Trial Court
which has jurisdiction over the case.
• Section 7. Time for Filing.
• The applicant shall file his application with the Trial Court
at any time after conviction and sentence but within the
period for perfecting his appeal as provided by the Rules of
Court.
• Section 9. Notice to the Prosecuting Officers of the
Filing of the Application.
• The Trial Court may notify the concerned Prosecuting
Officer of the filing of the application at a reasonable time it
deems necessary, before the scheduled hearing thereof.
• Section 10. Comment.
• The Prosecuting Officer may submit his comment(s), if any,
on the application within a reasonable time given to him by
OMNIBUS RULES ON PROBATION
• Section 11. Referral to Proper Probation Office.
• If the Trial Court finds that the application is in due form and the
applicant appears to be qualified for the grant of probation, it shall
order the City or Provincial Parole and Probation Office within its
jurisdiction to conduct a Post-Sentence Investigation (PSI) on the
applicant and submit the Post-Sentence Investigation Report (PSIR)
within sixty (60) days from receipt of the order of said court to
conduct such investigation with findings and recommendation as
stated in PD 968, as amended.
• Section 12. Docket Book.
• All court orders for PSI, copies of which were received by the
Probation Office, shall be numbered consecutively in the order
received by said Office and recorded in its Docket Book for the
purpose, indicating therein, among others, the date of receipt
thereof, court, its branch and address, applicant's name, criminal
case number, description/designation of the offense, penalty
imposed, and other related data and information.
• Corollary to this, the Trial Court may direct the applicant to report
to the proper Probation Office within seventy-two (72) hours from
his receipt of such order.
OMNIBUS RULES ON PROBATION
• Section 15. Initial Interview Work Sheet: Waiver. -
• (a) Within five (5) working days from receipt of said delegated
assignment (or self -assignment), the investigating Probation
Officer on case (or Chief Probation and Parole Officer) shall
initially interview the applicant if he appeared in the Probation
Office upon response to the seventy-two (72) hours limitation
given to him by the Trial Court.
• If not, the Probation Officer on case may write the applicant in his
court given address, or personally visit applicant's place to
schedule an initial interview at the Probation Office.
• During such initial interview, the Probation Officer on case or
CPPO shall require the applicant to accomplish and sign a Post-
Sentence Investigation Work Sheet (PPA Form 1). The
investigating Probation Officer on case or CPPO shall conduct
further investigation based on the information contained therein.
• (b) A Waiver-Cum-Authorization (PPA Form 2), authorizing
the PPA and/or the Probation Office to secure any and all
information on the applicant, shall be duly executed and signed by
him.
OMNIBUS RULES ON PROBATION
• Section 31. Period to Resolve the Application for
Probation.
• The application for probation shall be resolved by the Trial
Court not later than fifteen (15) days from the date of its
receipt of the PSIR.
• Section 32. Nature of Probation: Effect of the Grant
of Probation. –
• (a) Probation is but a mere privilege and as such, its
grant or denial rests solely upon the sound of discretion of the
Trial Court. After its grant it becomes a statutory right and it
shall only be canceled or revoked for cause and after due
notice and hearing.
• (b) The grant of probation has the effect of suspending
the execution of sentence. The Trial Court shall order the
release of the probationer's cash or property bond upon which
he was allowed temporary liberty as well as release the
custodian on ROR from his undertaking.
OMNIBUS RULES ON PROBATION

• Section 33. Effectivity of Probation Order.


• A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the
consequence thereat and explain that upon his failure
to comply with any of the conditions prescribed in the
said order or his commission of another offense under
which he was placed on probation.
• Upon receipt of the Probation Order granting
probation the same shall be entered in a Docket Book
for proper recording.
• An order of denial shall be docketed as well.
• Section 34. Finality.
• The Order of the court granting or denying probation
shall not be appealable.
OMNIBUS RULES ON PROBATION

• Section 35. Mandatory


Conditions. - A Probation order
shall require the probationer:
• (a) to present himself to the
Probation Office for supervision
within 72 hours from receipt of said
order; and
• (b) to report to the assigned SPPO,
SrPPO, PPOII or PPOI on case at
least once a month during the period
of probation at such time and place
as may be specified by the Probation
Office.
OMNIBUS RULES ON PROBATION
• Section 37. Indemnification. – Payment for civil liability shall be done using the
following modes:
• (a) Payment can be given to the Clerk of Court of the Trial Court, who will in
return hand over the sum to the victim who shall issue a corresponding receipt;
a copy of which should be given by the probationer to the Probation Office in
order to monitor such payment;
• (b) Payment may be deposited by the probationer to the victim’s account
where the bankbook is kept at the Probation Office to be given to the victim for
his proper disposition;
• (c) Payment can be effected directly to the victim and the receipt must be
filed in the supervision record of the probationer kept at the Probation Office.
• Further, that the practice of giving the payment to the Supervising Probation Officer
on case (or the CPPO) to be remitted to the victim, although with receipts, should
be highly discouraged and discontinued outrightly.
OMNIBUS RULES ON PROBATION
• Section 41. Outside Travel. –
• (a) A Probation Officer may authorize a probationer to travel
outside his area of operational/territorial jurisdiction for a period of
more than ten (10) days but not exceeding thirty (30) days.
• (b) A Probationer who seeks to travel for up to thirty (30) days
outside the operational/territorial jurisdiction of the Probation
Office shall file at least five (5) days before the intended travel
schedule a Request for Outside Travel (PPA Form 7) with said
Office properly recommended by the Supervising Probation Officer
on case and approved by the CPPO.
• (c) If the requested outside travel is for more than thirty (30)
days, said request shall be recommended by the CPPO and
submitted to the Trial Court for approval.
• (d) Outside travel for a cumulative duration of more than thirty
(30) days within a period of six (6) months shall be considered as a
courtesy supervision.
OMNIBUS RULES ON PROBATION

• Section 42. Change of Residence: Transfer of


Supervision.
• (a) A Probationer may file a Request for
Change of Residence (PPA Form 24) with the City
or Provincial Parole and Probation Office, citing
the reason(s) therefore this request shall be
submitted by the Supervising Probation Office for
the approval of the Trial Court.
• (b) In the event of such approval, the
supervision and control over the probationer shall
be transferred to the concerned Executive Judge of
the RTC, having jurisdiction and control over said
probationer, and under the supervision of the City
or Provincial Parole and Probation Office in the
place to which he transferred.
OMNIBUS RULES ON PROBATION

• Section 42. Change of Residence: Transfer of


Supervision.
• Thereafter, the Executive Judge of the RTC to whom
jurisdiction over the probationer is transferred shall
have the jurisdiction and control with respect to him
which was previously possessed by the Court which
granted probation.
• (c) The receiving City or Provincial and Parole
and Probation Office and the receiving court shall be
duly furnished each with copies of the pertinent
Probation Order, PSIR (PPA Form 3), and other
investigation and supervision records by the sending
Probation Office for purposes and in aid of
continuing effective probation supervision treatment
over said probationer.
OMNIBUS RULES ON PROBATION

• Section 43. Absconding Probationer.


• (a) A probationer who has not reported for
initial supervision within the prescribed period
and/or whose whereabouts could not be found,
located or determined despite best diligent efforts
within reasonable period of time shall be declared
by the proper Office as an absconding
probationer.
• (b) Thereafter said Office shall file with the
proper court a Violation Report (PPA Form 8),
containing its findings and recommendation, duly
prepared and signed by the Supervising Parole
and Probation Officer and duly noted by the
Chief Parole and Probation Officer.
OMNIBUS RULES ON PROBATION

• Section. 50. Arrest of Erring Probationer.


• After having duly considered the nature and gravity of such reported violation based
on the submitted Violation Report, the Trial Court may issue a warrant for the arrest of
the probationer for serious violation of his probation condition.
• Section 51. Hearing of the Violation of Probation.
• Once arrested and detained, the probationer shall immediately be brought before the
Trial Court for a hearing of the violation charged.
• 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 charge.
• The probationer may be admitted to bail pending such hearing. In such case, the
provisions regarding release on bail of persons charged with the crime or offense shall
be applicable to probationers arrested under this provision.
OMNIBUS RULES ON PROBATION

• XI. PROBATION AIDES


• Section 57. Qualifications:
Functions.
• (a) The Probation Aides must be
citizens of good repute and probity, at
least 18 years of age on the date of
appointment, at least highschool
graduates and preferably residence of
the same locality or community
covering the place of residence of the
probationer and/or the CPPOs, SPPOs,
and SrPPOs, PPOsII, and PPOsI.
OMNIBUS RULES ON PROBATION
• Section 58. Appointment: Term of Office .
• (a) Probation Aides shall be appointed by the
Probation Administrator or through authority delegated
to the Regional Directors within their respective areas
of responsibility upon the recommendation of the
CPPOs.
• (b) Probation Aides so appointed may hold office
during good behavior for a period of two (2) years,
renewable at the end of each period; provided, that, the
appointing authority may at any time terminate the
services of Probation Aides for unsatisfactory
performance for at least two (2) consecutive semesters
as determined by the proper Offices and/or for other
lawful and valid cause(s). Thereafter, his reinstatement
shall be determined by his display of good behavior as
determined by collateral informants and the appointing
OMNIBUS RULES ON PROBATION

• Section 59. Caseload. –


• (a) In assigning probation supervision caseload(s)
to the Probation Aides, the Probation Offices shall
duly consider their respective qualifications, length of
service, work accomplishments, and other related
criteria. And, as to maximum supervision caseload to
be given to them, the Probation Office should,
exercise utmost prudence and caution.
• (b) The maximum supervision caseloads of a
Probation Aide at any given time, shall be ten (10)
probationers on minimum case classification or three
(3) probationers on maximum case classification in
addition to other duties.
OMNIBUS RULES ON PROBATION

• XII. TERMINATION OF THE PROBATION


SUPERVISION CASE
• Section 60. Grounds. - The probation
supervision period may be terminated on any of
the following grounds:
• (a) successful completion of probation;
• (b) probation revocation for cause under
Section 49 (a-c) of these Rules;
• (c) death of the probationer;
• (d) early termination of probation; or
• (e) other analogous cause(s) or reason(s) on
a case-to-case basis as recommended by the
probation Office and approved by the trial
court.
OMNIBUS RULES ON PROBATION
• Section 61. Termination Report.
• The City and Provincial Parole and Probation Office shall
submit to the Trial Court a Probation Officer’s Final Report
(PPA Form 9) thirty (30) days before the expiration of the period
of probation embodying, among others, the following:
• (a) brief personal circumstances of the probationer;
• (b) brief criminal circumstances about his case (i.e.
criminal case number, court, branch, period of probation,
initial and last date of probation)
• (c) prescribed probation treatment and supervision
program;
• (d) probationer's response to the treatment
plan/program;
• (e) recommendation to discharge the probationer from
probation and the restoration of all his civil rights.
• (f) such other relevant and material facts and
OMNIBUS RULES ON PROBATION

• Section 62. Final Discharge.


• After expiration of the original or
extended probation period and
based on due consideration of the
POs final report, the Trial Court
may order the final discharge of
the probationer upon finding that
he has fulfilled the probation
terms and conditions and,
thereupon, the probation
supervision case is deemed
terminated.
SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION METHODS AND PROCEDURES
• Section 3. Definition of terms. - As used herein, unless the context
otherwise requires:
• “JICL”
• refers to a natural person who is below eighteen (18) years of
age but more than nine (9) years of age at the time of the
commission of the crime, felony or offense. More specifically,
the term refers to a JICL who is a first-time offender whose
• sentence was suspended in accordance with Presidential
Decree No. 603, “The Child and Youth Welfare Code”, as
amended, but who is returned to the committing court for the
pronouncement of judgment or sentencing and who is
qualified for the grant of probation under Presidential Decree
No. 968, “The Probation Law of 1976”, as amended;
• . sentence became final and executory after he attained the
age of eighteen (18) years; or iii. whose minority could not be
ascertained up to the time he was convicted and sentenced to
serve a penalty for which he may be released on probation
under the aforementioned Presidential Decree No. 968.
SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION METHODS AND PROCEDURES

• Section 3. Definition of terms. - As used


herein, unless the context otherwise
requires:
• “Petitioner”
• refers to a JICL who applies for the
grant of probation.
• Probationer”
• refers to a JICL who is placed on
probation.
• “Administration”
• refers to the Parole and Probation
Administration.
SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION METHODS AND PROCEDURES

• Section 5. JICL Docket


Book.
• The Administration shall
require all Parole and Probation
Offices to establish and
maintain a separate docket book
for recording all court
orders/referrals for the conduct
of Post-Sentence Investigation
(PSI) of a JICL.
SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION METHODS AND PROCEDURES

• Section 9. Supervision Treatment Plan; Goals.


• The Probation Officer shall prepare a Supervision Treatment Plan
(STP) for strict compliance by the probationer. The STP shall be
prepared in consultation with the probationer and his/her immediate
relative or, in the absence of the latter, a responsible community
member. The STP shall have the following goals:
• a. to fix or, as needed, adjust/readjust the level of
supervisory control required to address the overall danger posed
by the probationer to the community;
• b. to assess/reassess how the probationer will make
amends for the harm he may have inflicted and what strategies
will be used to increase his/her understanding of the impact of
his/her behavior on the victim and the community; and
• c. to identify the behavior gaps, problematic mindset
and/or inadequacy in skills that contributed to his/her
delinquency and set intervention and treatment measures and
solutions therefor.
SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION METHODS AND PROCEDURES

• Section 12. Proof of Violation.


• The Probation Officer shall submit to the
Court clear and convincing evidence of a
serious violation of the terms and conditions
of the grant of probation upon which the
Court may base its order for the revocation
of said grant.
• Section 13. Arrest of Erring
Probationer. -
• The arrest and recommitment of a
probationer shall be a measure of last resort.
SUPPLEMENTAL RULES TO THE OMNIBUS RULES ON PROBATION METHODS AND PROCEDURES

• Section 14. Final Supervision Conference.


• Before the Supervising Probation Officer
submits the Probation Final Report (PPA
Form No. 9) to the Court, he shall have a
final conference with the probationer,
together with his/her immediate relative or,
in the latter’s absence, a responsible
community member.
• If necessary and available, the victim and/or
a responsible member of the community may
be invited to attend said conference. The
presence of the Chief Parole and Probation
Officer in the conference shall be mandatory.
REPUBLIC ACT 10592
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
REPUBLIC ACT 10592
• Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby
further amended to read as follows:
• "ART. 29. Period of preventive imprisonment deducted from term of imprisonment.
• Offenders or accused who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of
the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:
• "1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
• "2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
• "If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his
sentence with four-fifths of the time during which he has undergone preventive imprisonment.
• "Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30)
years.
REPUBLIC ACT 10592
• Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby further amended to read as follows:
• "Whenever an accused has undergone preventive imprisonment for a period equal to
the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the
same is under review.
• Computation of preventive imprisonment for purposes of immediate release under
this paragraph shall be the actual period of detention with good conduct time
allowance:
• Provided, however, That if the accused is absent without justifiable cause at any stage
of the trial, the court may motu proprio order the rearrest of the accused:
• Provided, finally, That recidivists, habitual delinquents, escapees and persons charged
with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced is lestierro, he shall be
REPUBLIC ACT 10592
• Section 2. Article 94 of the same Act is hereby further amended
to read as follows:
• "ART. 94. Partial extinction of criminal liability. – Criminal
liability is extinguished partially:
• "1. By conditional pardon;
• "2. By commutation of the sentence; and
• "3. For good conduct allowances which the culprit may
earn while he is undergoing preventive imprisonment or
serving his sentence."
REPUBLIC ACT 10592
• Section 3. Article 97 of the same Act is hereby further amended to read as follows:
• "ART. 97. Allowance for good conduct. The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
• "1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for
each month of good behavior during detention;
• "2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction
of twenty-three days for each month of good behavior during detention;
• "3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed
a deduction of twenty-five days for each month of good behavior during detention;
• "4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
thirty days for each month of good behavior during detention; and
• "5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen
days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring
service time rendered.
• "An appeal by the accused shall not deprive him of entitlement to the above allowances for good
conduct."
REPUBLIC ACT 10592
• Section 4. Article 98 of the same Act is hereby further amended to read as follows:
• "ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the
service of his sentence under the circumstances mentioned in Article 158 of this Code, gives
himself up to the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in said article.
• A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
• "This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving
sentence."
• Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
• "ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct.
Such allowances once granted shall not be revoked."
RULES ON PHILIPPINE PARDON &
PAROLE
Act No. 4103
• Section 1.
• Hereafter, in imposing a prison sentence for an
offense punished by the Revised Penal Code, or
its amendments, the court shall sentence the
accused to an indeterminate sentence the
maximum term of which shall be that which, in
view of the attending circumstances, could be
properly imposed under the rules of the said
Code, and the minimum which shall be within
the range of the penalty next lower to that
prescribed by the Code for the offense; and if
the offense is punished by any other law, the
court shall sentence the accused to an
indeterminate sentence, the maximum term of
which shall not exceed the maximum fixed by
said law and the minimum shall not be less
than the minimum term prescribed by the same.
Act No. 4103
• Sec. 2.
• This Act shall not apply to persons convicted of offenses punished with
• death penalty or life-imprisonment;
• to those convicted of treason, conspiracy or proposal to commit
treason;
• to those convicted of misprision of treason, rebellion, sedition or
espionage;
• to those convicted of piracy;
• to those who are habitual delinquents;
• to those who have escaped from confinement or evaded sentence;
• to those who having been granted conditional pardon by the Chief
Executive shall have violated the terms thereof;
• to those whose maximum term of imprisonment does not exceed one
year,
• not to those already sentenced by final judgment at the time of
approval of this Act, except as provided in Section 5 hereof..
Act No. 4103
• Sec. 3.
• There is hereby created a Board of
Pardons and Parole to be composed of the
Secretary of Justice who shall be its
• Chairman,
• and four members to be appointed by
the President, with the consent of the
Commission on Appointments who
shall hold office for a term of six years:
Act No. 4103
• Sec. 3.
• Provided, That one member of the board shall be a trained
• sociologist,
• one a clergyman or educator,
• one psychiatrist unless a trained psychiatrist be employed by the
board, and

• the other members shall be persons qualified for such work by


training and experience.

• At least one member of the board shall be a


• woman.

• Of the members of the present board, two shall be designated by the


President to continue until December thirty, nineteen hundred and sixty-six
and the other two shall continue until December thirty, nineteen hundred
and sixty-nine. In case of any vacancy in the membership of the Board, a
successor may be appointed to serve only for the unexpired portion of the
term of the respective members
REVISED RULES AND REGULATIONS OF THE BOARD OF
PARDONS AND PAROLE
• SECTION 2. Definition of Terms
• “Board”
• refers to the Board of Pardons and Parole;
• “Executive Director”
• refers to the Executive Director/Secretary of the
Board;
• “Administration”
• refers to the Parole and Probation Administration;
• Administrator”
• refers to the Administrator of the Parole and Probation
Administration;
• “Regional Director”
• refers to the Head of the Parole and Probation Administration in
the region;
• “Probation and Parole Officer”
• refers to the Probation and Parole Officer undertaking the
REVISED RULES AND REGULATIONS OF THE BOARD OF
PARDONS AND PAROLE
• SECTION 2. Definition of Terms
• Director”
• refers to the Director of the Bureau of Corrections;
• “Penal Superintendent”
• refers to the Officer-In-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of
the Bureau of Corrections;
• “Warden”
• refers to the Officer-In-Charge of the Provincial, City, Municipal or
District Jail;
• “Carpeta”
• refers to the institutional record of an inmate which consists of his
mittimus or commitment order issued by the Court after conviction,
the prosecutor’s information and the decisions of the trial court and
the appellate court, if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the case;

REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND
PAROLE
• SECTION 2. Definition of Terms
• “Prison Record”
• refers to information concerning an inmate’s personal
circumstances, the offense he committed, the sentence imposed, the
criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for
confinement, the place of confinement, the date of expiration of the
sentence, the number of previous convictions, if any, and his
behavior or conduct while in prison;
• “Parole”
• refers to the conditional release of an offender from a correctional
institution after he has served the minimum of his prison sentence;
• “Executive Clemency”
• refers to Reprieve, Absolute Pardon, Conditional Pardon with or
without Parole Conditions and Commutation of Sentence as may be
granted by the President of the Philippines;
REVISED RULES AND REGULATIONS OF THE BOARD OF
PARDONS AND PAROLE
• SECTION 2. Definition of Terms
• “Reprieve”
• refers to the deferment of the implementation
of the sentence for an interval of time; it does
not annul the sentence but merely postpones or
suspends its execution;
• “Commutation of Sentence”
• refers to the reduction of the duration of a
prison sentence of a prisoner;
• “Conditional Pardon”
• refers to the exemption of an individual, within
certain limits or conditions, from the
punishment which the law inflicts for the
offense he had committed resulting in the
partial extinction of his criminal liability;
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 2. Definition of Terms
• “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;
• “Petitioner”
• refers to the prisoner who applies for the grant of
executive clemency or parole;
• “Parolee”
• refers to a prisoner who is released on parole;
• “Pardonee”
• efers to a prisoner who is released on conditional
pardon;
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 2. Definition of Terms
• “Client”
• refers to a parolee/pardonee who is placed
under supervision of a Probation and Parole
Officer;
• “Release Document”
• refers to the Conditional Pardon/Absolute
Pardon issued by the President of the
Philippines to a prisoner or to the “Discharge
on Parole” issued by the Board;
• “Parole Supervision”
• refers to the supervision/surveillance by a
Probation and Parole Officer of a
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 2. Definition of Terms
• “Summary Report”
• refers to the final report submitted by the Probation
and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final
release and discharge;
• “Progress Report”
• refers to the report submitted by the Probation and
Parole Officer on the conduct of the
parolee/pardonee while under supervision;
• “Infraction Report”
• refers to the report submitted by the Probation and
Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on
parole or conditional pardon while under
supervision.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• II. Petitions for Executive Clemency/Parole
• SECTION 5. Filing of Petition.
• A formal petition for executive clemency
addressed as follows shall be submitted to the
Board before the question of said clemency will
be considered.
• “The President of the Philippines
• Thru: The Chairman
• Board of Pardons and Parole,
• DOJ Agencies Bldg., NIA Road cor. East
Avenue,
• Diliman, Quezon City”
• Petitions for parole shall be addressed to the
Chairman or to the Executive Director of the
REVISED RULES AND REGULATIONS OF THE
BOARD OF PARDONS AND PAROLE
• II. Petitions for Executive • II. Petitions for Executive Clemency/Parole
Clemency/Parole • SECTION 6. Contents of Petition.
• if a naturalized Filipino,
• SECTION 6. Contents of Petition.
• his former nationality and date of naturalization,
• A petition for parole/executive • his previous occupation, place of residence,
clemency shall state the
• present crime for which he was convicted, the
• name of the prisoner, trial/appellate court, his penalty of imprisonment,
• fine, indemnity and the commencing date thereof, the
• his age, jail or prison to which he was committed and/or
• previous criminal record, if any, • where he is presently confined, the date he was
received for confinement,
• whether a Filipino citizen or an
• the grounds upon which executive clemency is being
alien and, asked and certification from the trial court that his
case is not on appeal.
In addition to the above-mentioned data, a petition for absolute pardon shall be under oath and shall include the date the
petitioner was released from prison after service of sentence or released on parole/pardon or terminated from probation.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 10. Review of Cases for Executive Clemency. — Petitions for executive
clemency may be reviewed if the prisoners meet the following minimum requirements:
• A. For Commutation of Sentence —
• 1. the prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate
and/or definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
• 2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment
for crimes or offenses committed before January 1, 1994.
• 3. at least twelve (12) years for prisoners whose 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.
• 4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic
Act No. 7659 and other special laws committed on or after January 1, 1994 and sentenced to one or
more Reclusion Perpetua or Life imprisonment.
• 5. at least twenty (20) years in case of one (1) or more Death penalty/penalties, which
was/were automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 10. Review of Cases for Executive
Clemency. — Petitions for executive clemency
may be reviewed if the prisoners meet the following
minimum requirements:
• B. For Conditional Pardon,
• the prisoner shall have served at least one-
half (1/2) of the minimum of his original
indeterminate and/or definite sentence.
• However, in the case of a prisoner who is
convicted of a heinous crime as defined in
Republic Act No. 7659 and other special
laws, he shall have served at least one-half
(1/2) of the maximum of his original
indeterminate sentence before his case may
be reviewed for conditional pardon.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 10. Review of Cases for Executive Clemency. —
Petitions for executive clemency may be reviewed if the prisoners
meet the following minimum requirements:
• C. For Absolute Pardon
• after he has served his maximum sentence or granted final
release and discharge or court termination of probation.
• However, the Board may consider a petition for absolute
pardon even before the grant of final release and discharge
under the provisions of Section 6 of Act No. 4103, as
amended, as when the petitioner:
• (1) is seeking an appointive/elective public position or
reinstatement in the government service;
• (2) needs medical treatment abroad which is not
available locally, (
• 3) will take any government examination; or
• (4) is emigrating.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 11. Prisoners not Eligible for Executive
Clemency.
• Prisoners who escaped or evaded service of sentence are
not eligible for executive clemency for a period of one (1)
year from the date or their last recommitment to prison or
conviction for evasion of service of sentence.
• SECTION 12. Transmittal of Carpeta and Prison Record.
• In executive clemency/parole cases, the Director or
Warden concerned shall forward the prison record and
carpeta of a petitioner at least one (1) month prior to the
eligibility for review as specified in Sections 10 and 13 of
these Rules.
• The Director or Warden concerned shall also furnish the
Board and the Administration on or before the fifth day of
every month, a list of prisoners whose minimum sentences
will expire within ninety (90) days and those who may be
considered for executive clemency.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• IV. Parole
• SECTION 13. Review of Cases for Parole.
• Unless otherwise disqualified under Section 15 of
these Rules, a case for parole of a prisoner shall be
reviewed upon a showing that he is confined in prison
or jail to serve an indeterminate sentence, the
maximum period of which exceeds one (1) year,
pursuant to a final judgment of conviction and that he
has served the minimum period of said sentence.
• SECTION 14. Grant of Parole.
• A prisoner may be granted parole whenever the
Board finds that there is a reasonable probability that
if released, he will be law-abiding and that his release
will not be incompatible with the interest and welfare
of society.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 15. Disqualification for Parole. — The
following prisoners shall not be granted parole:
• a. Those convicted of an offense punished with
Death penalty, Reclusion Perpetua or Life imprisonment;
• b. Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
• c. Those convicted of misprision of treason,
rebellion, sedition or coup d’état;
• d. Those convicted of piracy or mutiny on the high
seas or Philippine waters;
• e. Those who are habitual delinquents i.e. those
who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft,
estafa and falsification, are found guilty of any of said
crimes a third time or oftener;
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 15. Disqualification for Parole. —
The following prisoners shall not be granted
parole:
• f. Those who escaped from confinement or
evaded sentence;
• g. Those who were granted Conditional Pardon
and violated any of the terms thereof;
• h. Those whose maximum term of
imprisonment does not exceed one (1) year or those
with definite sentence;
• i. Those suffering from any mental disorder as
certified by a government psychiatrist/psychologist;
• j. Those whose conviction is on appeal;
• k. Those who have pending criminal case/s.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 16. Deferment of
Parole When Safety of
Prisoner/Victim/Relatives of
Victim/Witness Compromised.
• If, based on the Pre-Parole Investigation
Report conducted on the prisoner, there is
a clear and convincing evidence that his
release on parole will endanger his own
life and those of his relatives or the life,
safety and well being of the victim, his
relatives, his witnesses and the
community, the release of the prisoner
shall be deferred until the danger ceases.
REVISED RULES AND REGULATIONS OF THE
BOARD OF PARDONS AND PAROLE
• SECTION 21. Factors to be Considered in Petition for Conditional Pardon, Commutation
of Sentence or Parole.
• The following factors may be considered by the Board in the grant of conditional pardon,
commutation of sentence or parole:
• a. the age of the petitioner, the gravity of the offense and the manner in which it was
committed, and the institutional behavior or conduct and previous criminal record, if any;
• b. evidence that petitioner will be legitimately employed upon release;
• c. a showing that the petitioner has a place where he will reside;
• d. availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;
• e. attitude towards the offense and the degree of remorse; and,
• f. the risk to other persons, including the victim, his witnesses, his family and
friends, or the community in general, the possibility of retaliation by the victim, his
family and friends.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 22. Special Factors. — The Board may give special consideration to the recommendation for
commutation of sentence or conditional pardon whenever any of the following circumstances are present:
• a. youthful offenders;
• b. prisoners who are sixty (60) years old and above;
• c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind
or similar disabilities;
• d. serious illness and other life-threatening disease as certified by a government physician;
• e. those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision;
• f. alien prisoners where diplomatic considerations and amity between nations necessitate review;
• g. circumstances which show that his continued imprisonment will be inhuman or will pose a grave
danger to the life of the prisoner or his co-inmates; and,
• h. such other similar or analogous circumstances whenever the interest of justice will be served
thereby.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 25. Board Action.
• A majority of the members of the Board,
constituting a quorum, shall be necessary to
recommend the grant of executive clemency or to
grant parole; to modify any of the terms and
conditions appearing in a Release Document, to
order the arrest and recommitment of a
parolee/pardonee; and to issue certificate of Final
Release and Discharge to a parolee/pardonee.
• The minutes of the meeting of the Board shall
show the votes of its individual members and the
reason or reasons for voting against any matter
presented for the approval of the Board. Any
dissent from the majority opinion to grant or deny
parole shall be reduced in writing and shall form
part of the records of the proceedings.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• SECTION 26. Executive
Clemency/Parole of An Alien.
• The Board may recommend the
grant of executive clemency or
grant parole to a prisoner who is
an alien. In such a case, the
alien who is released on parole
or pardon shall be referred to
the Bureau of Immigration for
disposition, documentation and
appropriate action.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VI. Parole Supervision
• SECTION 27. Parole Supervision.
• After release from confinement, a client shall be placed
under the supervision of a Probation and Parole Officer so
that the former may be guided and assisted towards
rehabilitation.
• The period of parole supervision shall extend up to the
expiration of the maximum sentence which should appear
in the Release Document, subject to the provisions of
Section 6 of Act No. 4103 with respect to the early grant of
Final Release and Discharge.
• SECTION 28. Form of Release Document
• The form of the Release Document shall be prescribed by
the Board and shall contain the latest 1” x 1” photograph
and right thumbprint of the prisoner.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VI. Parole Supervision
• SECTION 30. Initial Report.
• Within the period prescribed in his Release
Document, the prisoner shall present himself to the
Probation and Parole Officer specified in the
Release Document for supervision.
• If within forty five (45) days from the date of
release from prison or jail, the parolee/pardonee
concerned still fails to report, the Probation and
Parole Officer shall inform the Board of such
failure, for appropriate action.
• SECTION 31. Arrival Report.
• The Probation and Parole Officer concerned shall
inform the Board thru the Technical Service, Parole
and Probation Administration the date the client
reported for supervision not later than fifteen (15)
working days therefrom.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VI. Parole Supervision
• SECTION 32. Mandatory Conditions of
Supervision.
• It shall be mandatory for a client to comply with the terms
and conditions appearing in the release document.
• SECTION 33. Review and Modification of
Conditions.
• The Board may, upon the recommendation of the Probation
and Parole Officer, revise or modify the terms and
conditions appearing in the Release Document.
• SECTION 34. Transfer of Residence.
• A client may not transfer from the place of residence
designated in his Release Document without the prior
written approval of the Regional Director subject to the
confirmation by the Board.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VI. Parole Supervision
• SECTION 35. Outside Travel.
• A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than
thirty (30) days. A travel for more than 30 days shall be approved by
the Regional Director.
• SECTION 36. Travel Abroad and/or Work Abroad.
• Any parolee or pardonee under active supervision/surveillance who has
no pending criminal case in any court may apply for overseas work or
travel abroad. However, such application for travel abroad shall be
approved by the Administrator and confirmed by the Board.
• SECTION 37. Death of Client.
• If a client dies during supervision, the Probation and Parole Officer
shall immediately transmit a certified true copy of the client’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 client resided,
shall suffice.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VII. Infraction/Violation of the Terms and Conditions of the
Release Document
• SECTION 38. Progress Report.
• When a parolee/pardonee commits another offense during
the period of his parole surveillance, and the case filed
against him has not yet been decided by the court, a Progress
Report should be submitted by the Probation and Parole
Officer to the Board.
• SECTION 39. Report of Parole Infraction/Violation.
• Any violation of the terms and conditions appearing in his
Release Document or any serious deviation or non-
observance of the obligations set forth in the parole
supervision program shall be immediately reported by his
Probation and Parole Officer to the Board. The report shall
be called Infraction Report when the client has been
subsequently convicted of another crime.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VII. Infraction/Violation of the Terms and
Conditions of the Release Document
• SECTION 40. Arrest of Client.
• Upon receipt of an Infraction Report, the
Board may order the arrest or
recommitment of the client.
• SECTION 41. Effect of Recommitment of
Client.
• The client who is recommitted to prison by
the Board shall be made to serve the
remaining unexpired portion of the
maximum sentence for which he was
originally committed to prison.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VII. Infraction/Violation of the Terms and Conditions
of the Release Document
• SECTION 42. Cancellation of Pardon/Parole.
• The Board may recommend the cancellation of the
pardon or cancel the grant of parole of a client if it
finds that material information given by said client
to the Board, either before and after release, was
false, or incomplete or that the client had willfully
or maliciously concealed material information from
the Board.
• SECTION 43. Review
• The Board may consider the case of a recommitted
parolee for the grant of a new parole after the latter
shall have served one-fourth (1/4) of the unserved
portion of his maximum sentence.
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VIII. Termination of Parole and Conditional Pardon
Supervision
• SECTION 44. Certificate of Final Release and Discharge.
• After the expiration of the maximum sentence of a client,
the Board shall, upon the recommendation of the Chief
Probation and Parole Officer that the client has
substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee.
• However, even before the expiration of maximum
sentence and upon the recommendation of the Chief
Probation and Parole Officer, the Board may issue a
certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6
of Act No. 4103, as amended.
• The clearances from the police, court, prosecutor’s office
and barangay officials shall be attached to the Summary
REVISED RULES AND REGULATIONS OF
THE BOARD OF PARDONS AND PAROLE
• VIII. Termination of Parole and Conditional Pardon
Supervision
• SECTION 45. Effect of Certificate of Final Release and
Discharge.
• Upon the issuance of a certificate of Final Release and
Discharge, the parolee/pardonee shall be finally released
and discharged from the conditions appearing in his release
document. However, the accessory penalties of the law
which have not been expressly remitted therein shall
subsist.
• SECTION 46. Transmittal of Certificate of Final Release
and Discharge.
• The Board shall forward a certified true copy of the
certificate of Final Release and Discharge to the Court
which sentenced the released client, the Probation and
Parole Officer who has supervision over him, the client,
the Bureau of Corrections, the National Bureau of
THE END
Practice test on non-
institutional
correction
Prepared by:
Joemar B. Cervantes, Rcrim
Practice test 0n non-institutional Correction
1. The first probation law was passed in the year 1878, in.
a. Chicago c. England
b. Massachusetts d. Pennsylvania

2. The purpose of this meeting is to evaluate the inmate’s readiness for early release.
a. Pre-release treatment c. Classification meeting
b. Pre-parole interview d. Admissions meting

3. A program specifically planned to prepare the offender prior to his release on parole.
a. Pre-release treatment c. Classification meeting
b. Pre-parole interview d. Admissions meting
Practice test 0n non-institutional Correction
4. When prisoners are used for repair of buildings, roads, bridges and flood control, this type of
prison labor is:
a. Lease System c. Publics Works Systems
b. Contract System d. Public Account System

5. Products made by prisoners are sold in the open market.


a. Lease System c. Public Works System
b. Contract System d. Public Account System

6. Under this system, a contractor supplies raw materials and pays the state for the amount of
work or output produced by the prisoner.
a. Lease System c. Price-Piece System
Practice test 0n non-institutional Correction
7. When a contractor merely engages prison labor and the state retains control of the prisoner,
the prison labor is classified as:
a. Lease System c. Public Works System
b. Contract System d. Public Account System

8. Ministration of the sick is an important function of the:


a. Chaplain c. Medical officer
b. Custodial officer d. Psychiatrist

9. It provides development and acquisition of skills necessary for successful work in a socially
accepted occupation while in prison.
a. Vocational training program c. Work program
Practice test 0n non-institutional Correction
10. It provides an environment that will be conducive to the mental and physical development of
an inmate.
a. Vocational training program c. Recreational program
b. Work program d. Education program

11. It is an integral part in prisoner’s rehabilitation which serves as an outlet for human expression
and a form of release from one’s inherent desire to create.
a. Music c. Arts and Crafts
b. Sports d. Drama and literary activities

12. It helps in the improvement of the prisoner in the cultural and practical aspect of social living.
a. Recreational program c. Sports Activities
b. Arts and Crafts d. Library service
Practice test 0n non-institutional Correction
13. Which among the following is not a part of an ideal medical service in a prison facility?
a. Medicine and Surgery c. Dentistry
b. Psychiatry d. None of these

14. A mild form of punishment which is enough deterrence for prisoners with clean record who
wants to be considered for early release.
a. Counsel and reprimand c. Loss of privilege
b. Solitary confinement d. Loss of good time

15. It is not to be considered as a punishment when used to prevent an inmate from influencing
witnesses or of preventing injury to himself or others.
a. Counsel and reprimand c. Loss of privilege
Practice test 0n non-institutional Correction
19. It provides some opportunities for inmates of a normal sex life.
a. Homosexuality c. Masturbation
b. Sodomy d. Conjugal Visit

20. Inmates who have attained the status of __________ is allowed by law to live with their
families, it is a common practice in Sablayan, Iwahig and Davao Prison and Penal Farm.
a. Trustees c. Parolees
b. Colonists d. Both A and B

21. Referred to as the Law on Working Detention


a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103
Practice test 0n non-institutional Correction
22. Law on prescription of penalty
a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103

23. Basis for granting good conduct time allowance for inmates.
a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103

24. Indeterminate Sentence Law


a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103
Practice test 0n non-institutional Correction
25. Empowered by law to exercise supervision over jails by means of standard setting to promote discipline of
inmates and secure reformation and safe custody of prisoners of all classes.
a. Bureau of Jail Management and Penology
b. Bureau of Prisons
c. Bureau of Corrections
d. Commission on Human Rights

26. Nature of conditional pardon given to inmates in which the recipient must accept it before it takes effect,
and the pardonee is under obligations to comply imposed therein.
a. Contract c. Punishment
b. Privilege d. Act of Grace

27. In the practice and procedure of probation, who is considered as the most important person?
a. Probationer c. Chief Probation Officer
Practice test 0n non-institutional Correction
28. Unit within the probation office charged with the task of selecting defendants for probation.
a. Investigation division c. Custodial division
b. Supervision division d. RDC

29. It pertains to information regarding significant family, personal, economic factors of the
offender’s life.
a. Social history c. Antecedent
b. Marital status d. Character and behavior

30. Primary basis in granting parole:


a. Response with correctional treatment
b. Progress within the correctional institution
c. Good behavior and rapport among inmates and prison guards
Practice test 0n non-institutional Correction
31. Parole although not a form of executive clemency is:
a. Judicial function c. Legislative function
b. Executive function d. Court function

32. In the Philippines the members of the Board of Pardon and Parole is
a. Full time board c. Governmental agency
b. Part time board d. NGO

33. This is prepared by the prison’s classification committee for the purpose of indicating
what is essential for the best interest of the future parolee and contains an appraisal of the
prisoner’s personality and need for adjustment upon return to society.
a. Pre-release Progress Report c. Parole Referral Summary
b. Pre-Board Summary d. Post Sentence investigation Report
Practice test 0n non-institutional Correction
34. It is used by the parole board as a guide in determining the prisoner’s eligibility for
parole and preparing his parole program.
a. Pre-release Progress Report c. Parole Referral Summary
b. Pre-Board Summary d. Post Sentence investigation Report

35. A parole officer undertakes what particular broad function?


a. Community protection c. Supervision of parolee
b. Service to individuals d. Both a and b

36. This is a method of helping parolees by which the parole office performs referral
services.
a. Manipulative technique c. Case work technique
b. Executive technique d. Guidance and counseling technique
Practice test 0n non-institutional Correction
37. Refers to a formal group or association organized to promote social or individual welfare.
a. Community agencies c. Family service agencies
b. Social service exchange d. NGO’s

38. A security facility, usually operated by the police for temporary detention of persons held
under custodial investigation.
a. Lock-up c. Ordinary jail
b. Work house jail d. Detention center

39. Frank an inmate is unable to sleep and eat while serving his sentence due to loneliness
and despair should undergo:
a. Rehabilitation c. Corrections
b. Guidance d. Counseling
Practice test 0n non-institutional Correction
40. RA 4225 created what particular government agency?
a. Department of Justice c. Probation Office
b. Bureau of Corrections d. Board of Pardon and Parole

41. Maximum term of office for those appointed as members of the Board of Pardon and
Parole.
a. 3 years c. 5 years
b. 4 years d. 6 years

42. Who is the granting authority in giving probation to qualified petitioners?


a. Court c. President
b. Probation officer d. Board of indeterminate sentence
Practice test 0n non-institutional Correction
43. Under the Indeterminate sentence law, who acts as chairman of the board of pardon and
paroles?
a. DILG Secretary c. PNP Chief
b. DOJ Secretary d. Chief Justice

44. Minimum period of probation provided for by law.


a. 1 year c. 3 years
b . 2 years d. 4 years

45. It refers to the community’s reaction to convicted offenders.


a. Corrections c. Rehabilitation
b. Probation d. Parole
Practice test 0n non-institutional Correction
46. Under rules and methods employed by probation, what is the maximum number of minor
violations that would result in the revocation of the probation order?
a. 5 violations c. 3 violations
b. 4 violations d. 2 violations

47. The merging of supervision of parole and probation is mandated by what particular law?
a. Executive Order 392 c. PD 968
b. Executive Order 292 d. RA 4221

48. Probation is a privilege granted to deserving and qualified petitioners, when does it become a
matter of right?
a. After the submission of the PSIR
b. When the convict files a petition for probation
c. When no appeal was undertaken.
Practice test 0n non-institutional Correction
49. Under our laws when will probationer report to his designated probation officer?
a. Upon initial interview
b. Upon the completion of the PSIR
c. Upon court order
d. Within 72 hours after probation order has been granted

50. A US law which allowed convicts to be gainfully employed during the day while residing in
prison.
a. Huber Law c. Split Sentence Law
b. Harbard Law d. Furlough Law

51. It refers to the continuing relationship between the probationer and the probation officer.
a. Initial Interview c. Supervision
Practice test 0n non-institutional Correction
52. Before travel of probationer outside the jurisdiction of the City/Provincial Probation
Office, application for court approval should be filed within how many days?
a. 45 days c. 15 days
b. 30 days d. 5 days

53. A French and Belgian innovation to probation which requires no supervision on the
condition that the probationer would not commit an offense within a prescribed period.
a. Split Sentence c. Furlough
b. Sursis d. Parole

54. Within how many days should the request for outside travel shall be filed by the
probationer to the probation office, prior to the date of his intended departure?
a. 5 days c. 15 days
Practice test 0n non-institutional Correction
55. It refers to the note given to police agencies which signifies that the probationer is under the
supervision of his designated probation officer.
a. Chrome Card c. Flash Sheet
b. Kardex Card d. Field Sheet

56. The maximum period of probation when the sentence is not more than one year.
a. 6 years c. 2 years
b. 4 years d. 1 years

57. When will the court deny application for probation of a petitioner?
a. Petitioner is a foreigner
b. Petitioner is a drug dependant
c. Petitioner violates the condition
Practice test 0n non-institutional Correction
58. When will you close a probation case?
a. When the probationer absconds the place
b. When he incurred violations
c. When there is recommendation for revocation
d. When the termination order is approved

59. Under PD 603, should a juvenile offender become incorrigible during his reformation period;
he is brought to the court for____.
a. Release c. Probation
b. Pronouncement of judgment d. Pardon

60. It refers to the relation between CPPO and the SPPO and the Probationer.
a. Supervision c. Executive supervision
Practice test 0n non-institutional Correction
61. The probationer is not exempted from the legal effects of his punishment upon final
discharge.
a. Penalty c. Civil liability
b. Fine d. Criminal liability

62. The unprecedented achievement of martial law which transported the Philippine corrections
toward the modern system of convict rehabilitation.
a. Price control c. Probation Law
b. Peace and order d. Infrastructure program

63. Probation started in what particular country, in the year 1841?


a. England c. USA
Practice test 0n non-institutional Correction
64. Sponsored House Bill 393, “An Act establishing Adult Probation in the Philippines.”
a. Juan Ponce Enrile c. Ferdinand E. Marcos
b. Teodulo C. Natividad d. Ramon Bagatsing Sr.

65. A procedure by which prisoners are selected for release on the basis on individual
response and progress.
a. Probation c. Pardon
b. Parole d. Amnesty

66. The primary purpose of probation


a. Rehabilitation c. Retribution
b. Welfare of the community d. Punitive sanction
Practice test 0n non-institutional Correction
67. Effect of executive Order 292.
a. Courtesy Supervision c. Board of Pardon and Parole
b. Administrative Supervision d. Merging Supervision

68. This decree mandated the disqualification of the petitioner’s application for probation is
an appeal is perfected.
a. PD 603 c. PD 1990
b. PD 968 d. PD 1257

69. Created the Board of Pardons and Parole.


a. Indeterminate Sentence Law c. Probation Law
b. Executive order 292 d. House Bill 393
Practice test 0n non-institutional Correction
70. The preliminary form filed up by the probationer within 72 hours after the release of his
probation order.
a. Work Sheet c. Flash Sheet
b. Filed notebook d. Chrome Card

71. It is the supervision undertaken by other probation office which is mot permanent in nature.
a. Merging Supervision c. Transfer Supervision
b. Courtesy Supervision d. Operational Supervision

72. Brief of an investigation conducted by probation officer not within the jurisdiction of the
court.
a. Post Sentence Investigation Report c. Courtesy investigation report
b. Pre sentence investigation report d. Initial Investigation report
Practice test 0n non-institutional Correction
73. It is a continuing state of good order.
a. Discipline c. Communication
b. Morale d. Loyalty

74. It is the alternative for jail confinement in modern penology


a. Parole c. Pardon
b. Probation d. Amnesty

75. Refers to a mental condition of individuals or groups regarding courage, hope, zeal and
confidence in the present principles and way of life.
a. Virtue c. Moral
b. Fortitude d. Positive Discipline
Practice test 0n non-institutional Correction
76. In determining whether a petitioner may be placed on probation the court shall consider
information relative to which of the following?
a. Character
b. Antecedents/environment
c. Mental/physical condition of the offender
d. All of these

77. For a convicted offender, probation is a form of _________.


a. Punishment c. Treatment
b. Enjoyment d. Incarceration

78. The law that suspends the sentence of minor offenders whose ages ranges from (9) years to under
(18) years and places them in rehabilitation centers.
a. PD 603 c. PD 968
Practice test 0n non-institutional Correction
79. When shall probation order take effect?
a. Three days after issuance c. Upon its issuance
b. Three days prior to issuance d. Upon reporting to the probation officer

80. Mainly responsible for the implementation of a prisoners treatment program?


a. RDC c. Classification Committee
b. Warden d. All of the above

81. Under Art. 8. Sec. 10, par (b) of the Philippine Constitution, pardoning power is vested
with the:
a. Chief executive c. Legislature
b. Judiciary d. Department of Justice
Practice test 0n non-institutional Correction
82. It refers to a disposition after which the defendant after conviction and sentence is
released, subject to the conditions imposed by the court.
a. Parole c. Pardon
b. Probation d. Amnesty

83. Regarded as the father of Philippine Probation.


a. Ramon Bagatsing Sr. c. Ferdinand E. Marcos
b. Teodulo C. Natividad d. Juan Ponce Enrile

84. Signed into law R.A. 968, an Act establishing Probation in the Philippines.
a. Ramon Bagatsing Sr. c. Ferdinand E. Marcos
b. Teodulo C. Natividad d. Juan Ponce Enrile
Practice test 0n non-institutional Correction
85. He was referred to as the father of English Probation.
a. Matthew Devenport Hill c. John Augustus
b. Edward Savage d. Alexander Rice

86. A Boston shoe maker who advocated in behalf of alcoholics and youthful offenders and
known as the father of probation.
a. Matthew Devenport Hill c. John Augustus
b. Edward Savage d. Alexander Rice

87. In the year 1887, this former Boston Chief of Police was appointed as the first
probation officer in the whole world.
a. Matthew Devenport Hill c. Alexander Rice
b. Edward Savage d. John Augustus
Practice test 0n non-institutional Correction
88. What particular law established probation in the Philippines for the first time?
a. PD 968 c. Act 4221
b. RA 968 d. RA 4221

89. Formerly, pardon was applied to a member of the ________, who committed crimes and
occasionally to those convicted of offenses against the monarchy.
a. Rebellious family c. Mendicant family
b. Royal family d. Indigent family

90. Celebrated case which paved the way for the abolition of the first probation law.
a. People Vs. Vera, 37 O.G. 164 c. Vera Vs. People, 376 OG. 164
b. People Vs. De Vera, 376 O.G. 16 d. De Vera Vs. People, 376 O.G. 164
Practice test 0n non-institutional Correction
91. Historic signing of PD 968 which transported Philippine Criminal Justice system to the
20th century.
a. July 22, 1976 c. July 24, 1976
b. July 23, 1976 d. August 7, 1935

92. Within how many days after verdict must a petitioner file his application for probation?
a. 10 days c. 30 days
b. 15 days d. 60 days

93. Maximum number of probationers under supervision of a probation aide?


a. 3 c. 7
b. 5 d. 9
Practice test 0n non-institutional Correction
94. Maximum period of probation for a person convicted to suffer prision correctional.
a. 2 years c. 6 years
b. 4 years d. 8 years

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


a. Post Sentence investigation Report c. Admissions Summary
b. Pre Sentence Investigation Report d. Behavior Report

96. Minimum number of days given to probation officers in accomplishing PSIR.


a. 30 days c. 90 days
b. 60 days d. 120 days
Practice test 0n non-institutional Correction
97. After receiving the PSIR, within how many days must a judge decide whether to grant or
deny probation?
a. 5 days c. 30 days
b. 15 days d. 60 days

98. It refers to a person placed under probation.


a. Petitioner c. Probation officer
b. Probationer d. Convict

99. It refers to a suspension of sentence after which the convict is released upon serving the
minimum sentence imposed by law and subject to his good behavior and positive reaction to
rehabilitation programs.
a. Probation c. Parole
Practice test 0n non-institutional Correction
100. A person placed under probation for the maximum period imposed by law would have to
report to his probation officer how many times per month?
a. Once c. More than twice
b. Twice d. All of the above

101. A probationer on medium supervision should report to his probation officer how many
times a month?
a. Once c. Thrice
b. Twice d. More than four times

102. Can a probationer pursue a prescribed secular study or vocational training while on
probation?
a. Yes c. Neither
Practice test 0n non-institutional Correction
103. Refers to those who are confined in correctional facilities awaiting verdict on their cases.
a. Probationers c. Parolees
b. Detention prisoners d. Accused

104. A method of helping the parolee by altering environmental conditions to bring out satisfactory
social adjustment.
a. Manipulative technique c. Guidance and Counseling Technique
b. Executive technique d. Casework technique

105. This states that incarceration should establish in the convicts the will to lead law abiding and self-
supporting lives after their release in prison.
a. United Nations Standard Minimum Rules for the treatment of prisoners.
b. Indeterminate sentence Law
c. Prison Law
Practice test 0n non-institutional Correction
106. It is regarded as the most important program that aide in the rehabilitation of prisoners.
a. Recreational program c. Educational program
b. Religious program d. Employment of prisoners

107. Derived from a French word meaning word of honor.


a. Probation c. Pardon
b. Parole d. Amnesty

108. Probation proceeds on the theory that the best way to pursue its goal is to orient the
criminal sanction toward the ______________ sentencing.
a. Individual setting c. Prison setting
b. Community setting d. None of these
Practice test 0n non-institutional Correction
109. Its purpose it to bring update case history of the prisoner and verify parole plan or
work and residence.
a. Pre-parole investigation c. Admissions Summary
b. Reclassification d. Parole investigation

110. Its primary concern is the proper selection of prisoners to be released on parole.
a. Pre-parole investigation c. Admissions Summary
b. Reclassification d. Parole investigation
Answer key on
Practice test
Practice test 0n non-institutional Correction
1. The first probation law was passed in the year 1878, in.
a. Chicago c. England
b. Massachusetts d. Pennsylvania

2. The purpose of this meeting is to evaluate the inmate’s readiness for early release.
a. Pre-release treatment c. Classification meeting
b. Pre-parole interview d. Admissions meting

3. A program specifically planned to prepare the offender prior to his release on parole.
a. Pre-release treatment c. Classification meeting
b. Pre-parole interview d. Admissions meting
Practice test 0n non-institutional Correction
4. When prisoners are used for repair of buildings, roads, bridges and flood control, this type of
prison labor is:
a. Lease System c. Publics Works Systems
b. Contract System d. Public Account System

5. Products made by prisoners are sold in the open market.


a. Lease System c. Public Works System
b. Contract System d. Public Account System

6. Under this system, a contractor supplies raw materials and pays the state for the amount of
work or output produced by the prisoner.
a. Lease System c. Price-Piece System
Practice test 0n non-institutional Correction
7. When a contractor merely engages prison labor and the state retains control of the prisoner,
the prison labor is classified as:
a. Lease System c. Public Works System
b. Contract System d. Public Account System

8. Ministration of the sick is an important function of the:


a. Chaplain c. Medical officer
b. Custodial officer d. Psychiatrist

9. It provides development and acquisition of skills necessary for successful work in a socially
accepted occupation while in prison.
a. Vocational training program c. Work program
Practice test 0n non-institutional Correction
10. It provides an environment that will be conducive to the mental and physical development of
an inmate.
a. Vocational training program c. Recreational program
b. Work program d. Education program

11. It is an integral part in prisoner’s rehabilitation which serves as an outlet for human expression
and a form of release from one’s inherent desire to create.
a. Music c. Arts and Crafts
b. Sports d. Drama and literary activities

12. It helps in the improvement of the prisoner in the cultural and practical aspect of social living.
a. Recreational program c. Sports Activities
b. Arts and Crafts d. Library service
Practice test 0n non-institutional Correction
13. Which among the following is not a part of an ideal medical service in a prison facility?
a. Medicine and Surgery c. Dentistry
b. Psychiatry d. None of these

14. A mild form of punishment which is enough deterrence for prisoners with clean record who
wants to be considered for early release.
a. Counsel and reprimand c. Loss of privilege
b. Solitary confinement d. Loss of good time

15. It is not to be considered as a punishment when used to prevent an inmate from influencing
witnesses or of preventing injury to himself or others.
a. Counsel and reprimand c. Loss of privilege
Practice test 0n non-institutional Correction
19. It provides some opportunities for inmates of a normal sex life.
a. Homosexuality c. Masturbation
b. Sodomy d. Conjugal Visit

20. Inmates who have attained the status of __________ is allowed by law to live with their
families, it is a common practice in Sablayan, Iwahig and Davao Prison and Penal Farm.
a. Trustees c. Parolees
b. Colonists d. Both A and B

21. Referred to as the Law on Working Detention


a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103
Practice test 0n non-institutional Correction
22. Law on prescription of penalty
a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103

23. Basis for granting good conduct time allowance for inmates.
a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103

24. Indeterminate Sentence Law


a. Act No. 1533 c. Act No. 3326
b. Act No. 3316 d. Act No. 4103
Practice test 0n non-institutional Correction
25. Empowered by law to exercise supervision over jails by means of standard setting to promote discipline of
inmates and secure reformation and safe custody of prisoners of all classes.
a. Bureau of Jail Management and Penology
b. Bureau of Prisons
c. Bureau of Corrections
d. Commission on Human Rights

26. Nature of conditional pardon given to inmates in which the recipient must accept it before it takes effect,
and the pardonee is under obligations to comply imposed therein.
a. Contract c. Punishment
b. Privilege d. Act of Grace

27. In the practice and procedure of probation, who is considered as the most important person?
a. Probationer c. Chief Probation Officer
Practice test 0n non-institutional Correction
28. Unit within the probation office charged with the task of selecting defendants for probation.
a. Investigation division c. Custodial division
b. Supervision division d. RDC

29. It pertains to information regarding significant family, personal, economic factors of the
offender’s life.
a. Social history c. Antecedent
b. Marital status d. Character and behavior

30. Primary basis in granting parole:


a. Response with correctional treatment
b. Progress within the correctional institution
c. Good behavior and rapport among inmates and prison guards
Practice test 0n non-institutional Correction
31. Parole although not a form of executive clemency is:
a. Judicial function c. Legislative function
b. Executive function d. Court function

32. In the Philippines the members of the Board of Pardon and Parole is
a. Full time board c. Governmental agency
b. Part time board d. NGO

33. This is prepared by the prison’s classification committee for the purpose of indicating
what is essential for the best interest of the future parolee and contains an appraisal of the
prisoner’s personality and need for adjustment upon return to society.
a. Pre-release Progress Report c. Parole Referral Summary
b. Pre-Board Summary d. Post Sentence investigation Report
Practice test 0n non-institutional Correction
34. It is used by the parole board as a guide in determining the prisoner’s eligibility for
parole and preparing his parole program.
a. Pre-release Progress Report c. Parole Referral Summary
b. Pre-Board Summary d. Post Sentence investigation Report

35. A parole officer undertakes what particular broad function?


a. Community protection c. Supervision of parolee
b. Service to individuals d. Both a and b

36. This is a method of helping parolees by which the parole office performs referral
services.
a. Manipulative technique c. Case work technique
b. Executive technique d. Guidance and counseling technique
Practice test 0n non-institutional Correction
37. Refers to a formal group or association organized to promote social or individual welfare.
a. Community agencies c. Family service agencies
b. Social service exchange d. NGO’s

38. A security facility, usually operated by the police for temporary detention of persons held
under custodial investigation.
a. Lock-up c. Ordinary jail
b. Work house jail d. Detention center

39. Frank an inmate is unable to sleep and eat while serving his sentence due to loneliness
and despair should undergo:
a. Rehabilitation c. Corrections
b. Guidance d. Counseling
Practice test 0n non-institutional Correction
40. RA 4225 created what particular government agency?
a. Department of Justice c. Probation Office
b. Bureau of Corrections d. Board of Pardon and Parole

41. Maximum term of office for those appointed as members of the Board of Pardon and
Parole.
a. 3 years c. 5 years
b. 4 years d. 6 years

42. Who is the granting authority in giving probation to qualified petitioners?


a. Court c. President
b. Probation officer d. Board of indeterminate sentence
Practice test 0n non-institutional Correction
43. Under the Indeterminate sentence law, who acts as chairman of the board of pardon and
paroles?
a. DILG Secretary c. PNP Chief
b. DOJ Secretary d. Chief Justice

44. Minimum period of probation provided for by law.


a. 1 year c. 3 years
b . 2 years d. 4 years

45. It refers to the community’s reaction to convicted offenders.


a. Corrections c. Rehabilitation
b. Probation d. Parole
Practice test 0n non-institutional Correction
46. Under rules and methods employed by probation, what is the maximum number of minor
violations that would result in the revocation of the probation order?
a. 5 violations c. 3 violations
b. 4 violations d. 2 violations

47. The merging of supervision of parole and probation is mandated by what particular law?
a. Executive Order 392 c. PD 968
b. Executive Order 292 d. RA 4221

48. Probation is a privilege granted to deserving and qualified petitioners, when does it become a
matter of right?
a. After the submission of the PSIR
b. When the convict files a petition for probation
c. When no appeal was undertaken.
Practice test 0n non-institutional Correction
49. Under our laws when will probationer report to his designated probation officer?
a. Upon initial interview
b. Upon the completion of the PSIR
c. Upon court order
d. Within 72 hours after probation order has been granted

50. A US law which allowed convicts to be gainfully employed during the day while residing in
prison.
a. Huber Law c. Split Sentence Law
b. Harbard Law d. Furlough Law

51. It refers to the continuing relationship between the probationer and the probation officer.
a. Initial Interview c. Supervision
Practice test 0n non-institutional Correction
52. Before travel of probationer outside the jurisdiction of the City/Provincial Probation
Office, application for court approval should be filed within how many days?
a. 45 days c. 15 days
b. 30 days d. 5 days

53. A French and Belgian innovation to probation which requires no supervision on the
condition that the probationer would not commit an offense within a prescribed period.
a. Split Sentence c. Furlough
b. Sursis d. Parole

54. Within how many days should the request for outside travel shall be filed by the
probationer to the probation office, prior to the date of his intended departure?
a. 5 days c. 15 days
Practice test 0n non-institutional Correction
55. It refers to the note given to police agencies which signifies that the probationer is under the
supervision of his designated probation officer.
a. Chrome Card c. Flash Sheet
b. Kardex Card d. Field Sheet

56. The maximum period of probation when the sentence is not more than one year.
a. 6 years c. 2 years
b. 4 years d. 1 years

57. When will the court deny application for probation of a petitioner?
a. Petitioner is a foreigner
b. Petitioner is a drug dependant
c. Petitioner violates the condition
Practice test 0n non-institutional Correction
58. When will you close a probation case?
a. When the probationer absconds the place
b. When he incurred violations
c. When there is recommendation for revocation
d. When the termination order is approved

59. Under PD 603, should a juvenile offender become incorrigible during his reformation period;
he is brought to the court for____.
a. Release c. Probation
b. Pronouncement of judgment d. Pardon

60. It refers to the relation between CPPO and the SPPO and the Probationer.
a. Supervision c. Executive supervision
Practice test 0n non-institutional Correction
61. The probationer is not exempted from the legal effects of his punishment upon final
discharge.
a. Penalty c. Civil liability
b. Fine d. Criminal liability

62. The unprecedented achievement of martial law which transported the Philippine corrections
toward the modern system of convict rehabilitation.
a. Price control c. Probation Law
b. Peace and order d. Infrastructure program

63. Probation started in what particular country, in the year 1841?


a. England c. USA
Practice test 0n non-institutional Correction
64. Sponsored House Bill 393, “An Act establishing Adult Probation in the Philippines.”
a. Juan Ponce Enrile c. Ferdinand E. Marcos
b. Teodulo C. Natividad d. Ramon Bagatsing Sr.

65. A procedure by which prisoners are selected for release on the basis on individual
response and progress.
a. Probation c. Pardon
b. Parole d. Amnesty

66. The primary purpose of probation


a. Rehabilitation c. Retribution
b. Welfare of the community d. Punitive sanction
Practice test 0n non-institutional Correction
67. Effect of executive Order 292.
a. Courtesy Supervision c. Board of Pardon and Parole
b. Administrative Supervision d. Merging Supervision

68. This decree mandated the disqualification of the petitioner’s application for probation is
an appeal is perfected.
a. PD 603 c. PD 1990
b. PD 968 d. PD 1257

69. Created the Board of Pardons and Parole.


a. Indeterminate Sentence Law c. Probation Law
b. Executive order 292 d. House Bill 393
Practice test 0n non-institutional Correction
70. The preliminary form filed up by the probationer within 72 hours after the release of his
probation order.
a. Work Sheet c. Flash Sheet
b. Filed notebook d. Chrome Card

71. It is the supervision undertaken by other probation office which is mot permanent in nature.
a. Merging Supervision c. Transfer Supervision
b. Courtesy Supervision d. Operational Supervision

72. Brief of an investigation conducted by probation officer not within the jurisdiction of the
court.
a. Post Sentence Investigation Report c. Courtesy investigation report
b. Pre sentence investigation report d. Initial Investigation report
Practice test 0n non-institutional Correction
73. It is a continuing state of good order.
a. Discipline c. Communication
b. Morale d. Loyalty

74. It is the alternative for jail confinement in modern penology


a. Parole c. Pardon
b. Probation d. Amnesty

75. Refers to a mental condition of individuals or groups regarding courage, hope, zeal and
confidence in the present principles and way of life.
a. Virtue c. Moral
b. Fortitude d. Positive Discipline
Practice test 0n non-institutional Correction
76. In determining whether a petitioner may be placed on probation the court shall consider
information relative to which of the following?
a. Character
b. Antecedents/environment
c. Mental/physical condition of the offender
d. All of these

77. For a convicted offender, probation is a form of _________.


a. Punishment c. Treatment
b. Enjoyment d. Incarceration

78. The law that suspends the sentence of minor offenders whose ages ranges from (9) years to under
(18) years and places them in rehabilitation centers.
a. PD 603 c. PD 968
Practice test 0n non-institutional Correction
79. When shall probation order take effect?
a. Three days after issuance c. Upon its issuance
b. Three days prior to issuance d. Upon reporting to the probation officer

80. Mainly responsible for the implementation of a prisoners treatment program?


a. RDC c. Classification Committee
b. Warden d. All of the above

81. Under Art. 8. Sec. 10, par (b) of the Philippine Constitution, pardoning power is vested
with the:
a. Chief executive c. Legislature
b. Judiciary d. Department of Justice
Practice test 0n non-institutional Correction
82. It refers to a disposition after which the defendant after conviction and sentence is
released, subject to the conditions imposed by the court.
a. Parole c. Pardon
b. Probation d. Amnesty

83. Regarded as the father of Philippine Probation.


a. Ramon Bagatsing Sr. c. Ferdinand E. Marcos
b. Teodulo C. Natividad d. Juan Ponce Enrile

84. Signed into law R.A. 968, an Act establishing Probation in the Philippines.
a. Ramon Bagatsing Sr. c. Ferdinand E. Marcos
b. Teodulo C. Natividad d. Juan Ponce Enrile
Practice test 0n non-institutional Correction
85. He was referred to as the father of English Probation.
a. Matthew Devenport Hill c. John Augustus
b. Edward Savage d. Alexander Rice

86. A Boston shoe maker who advocated in behalf of alcoholics and youthful offenders and
known as the father of probation.
a. Matthew Devenport Hill c. John Augustus
b. Edward Savage d. Alexander Rice

87. In the year 1887, this former Boston Chief of Police was appointed as the first
probation officer in the whole world.
a. Matthew Devenport Hill c. Alexander Rice
b. Edward Savage d. John Augustus
Practice test 0n non-institutional Correction
88. What particular law established probation in the Philippines for the first time?
a. PD 968 c. Act 4221
b. RA 968 d. RA 4221

89. Formerly, pardon was applied to a member of the ________, who committed crimes and
occasionally to those convicted of offenses against the monarchy.
a. Rebellious family c. Mendicant family
b. Royal family d. Indigent family

90. Celebrated case which paved the way for the abolition of the first probation law.
a. People Vs. Vera, 37 O.G. 164 c. Vera Vs. People, 376 OG. 164
b. People Vs. De Vera, 376 O.G. 16 d. De Vera Vs. People, 376 O.G. 164
Practice test 0n non-institutional Correction
91. Historic signing of PD 968 which transported Philippine Criminal Justice system to the
20th century.
a. July 22, 1976 c. July 24, 1976
b. July 23, 1976 d. August 7, 1935

92. Within how many days after verdict must a petitioner file his application for probation?
a. 10 days c. 30 days
b. 15 days d. 60 days

93. Maximum number of probationers under supervision of a probation aide?


a. 3 c. 7
b. 5 d. 9
Practice test 0n non-institutional Correction
94. Maximum period of probation for a person convicted to suffer prision correctional.
a. 2 years c. 6 years
b. 4 years d. 8 years

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


a. Post Sentence investigation Report c. Admissions Summary
b. Pre Sentence Investigation Report d. Behavior Report

96. Minimum number of days given to probation officers in accomplishing PSIR.


a. 30 days c. 90 days
b. 60 days d. 120 days
Practice test 0n non-institutional Correction
97. After receiving the PSIR, within how many days must a judge decide whether to grant or
deny probation?
a. 5 days c. 30 days
b. 15 days d. 60 days

98. It refers to a person placed under probation.


a. Petitioner c. Probation officer
b. Probationer d. Convict

99. It refers to a suspension of sentence after which the convict is released upon serving the
minimum sentence imposed by law and subject to his good behavior and positive reaction to
rehabilitation programs.
a. Probation c. Parole
Practice test 0n non-institutional Correction
100. A person placed under probation for the maximum period imposed by law would have to
report to his probation officer how many times per month?
a. Once c. More than twice
b. Twice d. All of the above

101. A probationer on medium supervision should report to his probation officer how many
times a month?
a. Once c. Thrice
b. Twice d. More than four times

102. Can a probationer pursue a prescribed secular study or vocational training while on
probation?
a. Yes c. Neither
Practice test 0n non-institutional Correction
103. Refers to those who are confined in correctional facilities awaiting verdict on their cases.
a. Probationers c. Parolees
b. Detention prisoners d. Accused

104. A method of helping the parolee by altering environmental conditions to bring out satisfactory
social adjustment.
a. Manipulative technique c. Guidance and Counseling Technique
b. Executive technique d. Casework technique

105. This states that incarceration should establish in the convicts the will to lead law abiding and self-
supporting lives after their release in prison.
a. United Nations Standard Minimum Rules for the treatment of prisoners.
b. Indeterminate sentence Law
c. Prison Law
Practice test 0n non-institutional Correction
106. It is regarded as the most important program that aide in the rehabilitation of prisoners.
a. Recreational program c. Educational program
b. Religious program d. Employment of prisoners

107. Derived from a French word meaning word of honor.


a. Probation c. Pardon
b. Parole d. Amnesty

108. Probation proceeds on the theory that the best way to pursue its goal is to orient the
criminal sanction toward the ______________ sentencing.
a. Individual setting c. Prison setting
b. Community setting d. None of these
Practice test 0n non-institutional Correction
109. Its purpose it to bring update case history of the prisoner and verify parole plan or
work and residence.
a. Pre-parole investigation c. Admissions Summary
b. Reclassification d. Parole investigation

110. Its primary concern is the proper selection of prisoners to be released on parole.
a. Pre-parole investigation c. Admissions Summary
b. Reclassification d. Parole investigation

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