summary of SPL for crammers 😂

ISLAW
- provides maximum and minimum instead of a single fixed penalty; applies
automatically
-prisoner must have served the minimum period before being eligible for
parole
-modifying circumstances are only considered in imposing the maximum term
-Board of Indeterminate Sentence (5): Secretary of Justice as chairman + 4
members appointed by Gov-Gen with Senate’s advice & consent (trained
sociologist, clergyman/educator, psychiatrist, other people qualified by
training/experience). At least 1 female member.
- parole is to serve the portion of the maximum sentence of the imposed
penalty, violation of conditions leads to serving the unexpired portion of the
maximum sentence
- prisoners released on parole must report personally to gov’t officials/other
parole officers
-being a law-abiding citizen during surveillance = entitled to final release &
discharge

People not covered by ISLAW:

1. Habitual delinquent
2. Sentenced to death penalty/life imprisonment, destierro or suspension
3. Convicted of offenses punishable by reclusion Perpetua
4. Violated conditional pardon
5. Maximum term of imprisonment does not exceed 1 year
6. Pendency of another case
7. Escaped from confinement/evaded sentence
8. Treason/conspiracy or proposal to commit such
9. Misprision of treason, rebellion, sedition, espionage
10. Piracy
11. Application of ISLAW will not be favorable to the accused
12. Those already sentenced by final judgment at time of approval of this act

PROBATION
- probation is when a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and supervision of a probation
officer
- probation is a privilege and not a right, can only be done if petitioned within
period for appeal (probation petition = waiver of right to appeal & vice versa,
except for appeals on correcting penalties)
-condition: must present self to probation officer at the place specified in the
order within 72 hours from receipt AND report regularly to probie officer at
least once a month + any other additional conditions imposed by court
- violation of terms will mean the court may issue a warrant of arrest, where
the probationer will be brought to court for a hearing and once established
that he did violate the terms, the court can revoke the probation and serve
the original sentence or continue the probation but with modified conditions
(non-appealable)
- probation is not coterminous with the period, it requires a court order to
discharge the probationer
- terminating probation terminates the case, restores civil rights
lost/suspended, and fully discharges liability for fines imposed

People not covered by the Probation Law:

1. Sentenced to a maximum term of imprisonment of more than 6 years
2. Convicted of subversion/crime against national security
3. Previously convicted by final judgment for an offense punished by
imprisonment of more than 6M1D or fine more than P1K
4. Those once placed on probation
5. Already serving sentence when decree became applicable
6. On appeal or Convicted for drug trafficking/pushing
7. Convicted for offenses under Omnibus election code

Remember, parole =\= probation bc

>> parole is for ISLAW and requires you already served the minimum term of
your sentence to be able to serve the maximum term on parole

>> probation is for PL and requires that you submit a petition within the period
for appeal, and the probation period follows a scheme:
Less than 1 yr imprisonment = max 2 years probation
More than 1 yr imprisonment = max 6 years pribation
Fine only but ur poor so ur doing subsidiary imprisonment = probation is twice
the number of days for SI