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Legal Separation
Child custody law
Legal Custody
Institutional Programs
1. Inmate work program
2. Health care
3. education and skills training
4. Recreation and Sports
5. Religious guidance and behavior modification using the therapeutic community
approach
Penal Management
treatment, and
supervision of persons who have been convicted of crimes.
Penology - The study of the punishment of crime and prison management.Is a section of
criminology
that deals with the philosophy and practice to repress criminal activities via an appropriate
treatment
Prison - is a place in which people are physically confined and usually deprived of a range of
personal freedoms.
Jail - is a short term detention facility.
Halfway house - also called recovery house or sober house - is a place to allow people to begin
the process of reintegration with society while still providing monitoring and support;
this is generally believed to reduce the risk of recidivism or relapse when compared to a release
Jail Prison
1. a program of education
2. training in useful trades
3. physical activity
4. indeterminate sentence
5. inmate classification
6. incentive program.
1. as cruelty debases both the victim and society, punishment should not be
vindictive but should aim at the reform of the convict to observe social
constraints.
2. a convicts imprisonment should consist of task, not time sentences with release
depending on the performance of a measurable amount of labor.
1. shame punishment
2. exile/banishment
3. payment to the victim
4. branding - (Stigmatizing) - is the process by which a mark is burned into the
skin of a living person.
5. flogging - (flagellation) - is the act of methodically beating or whipping the
human body.
6. mutilation - (maiming) - is the act of physical injury that degrades the
appearance or function of any living body usually without causing death.
7. burning
8. beheading
9. torture
* In the Philippines so far, 17 persons were executed
by hanging, 84 persons were executed by electric
chair, 7 persons were executed by lethal injection.
Who can apply for Probation? ans. any first time convicted offender who is 18 years old or
above.
Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile
Justice and Welfare Act of 2006) a child in conflict with the law (CICL) is granted the right to
probation as an alternative to imprisonment if qualified under the Probation law.
Where shall an application for Probation be filed? ans. the application shall be filed with the
court that tried and sentenced the offender.
What will happen if the application for Probation is denied? ans. the offender will be sent by
the sentencing court to prison to serve his sentence.
When should an application for Probation be filed? ans. anytime before the offender starts
serving his sentence but within 15 days from the promulgation of notice of judgment of
conviction. Under section 42 of RA 9344, The Juvenile Justice and Welfare Act of 2006, the court
may after it shall have sentenced a child in conflict with the law and upon application at anytime
placed the child on probation in lieu of service of his sentence.
May an offender be released from confinement while his application for Probation is
pending?ans. yes, the applicant may be released under the bail he filed in the criminal case or
under recognizance.
1. After having convicted and sentenced a defendant, the trial court may suspend the
execution of the sentence and place the defendant on probation, upon application by the
defendant within the period for perfecting an appeal.
2. Probation may be granted whether the sentenced imposed a a term of imprisonment or fine
only.
3. No application for probation shall be entertained or granted if the defendant has perfected
an appeal.
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation by the
probation officer and a determination by the court.
Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the
applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.
Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the
court may in its discretion, placed the accused under probation even if the sentence
provided under section 11 of the act is higher than that provided under the probation law.
There are two kinds of conditions imposed upon the offender under probation:
1. Mandatory or general – once violated, the
probation is cancelled.
1) To report to the probation officer within 72
hours after he receives the order of the court
granting probation.
2) To report to his probation officer at least once a
month.
3) not to commit any other offense while on
probation.
2. Discretionary or special – additional conditions
which the court may additionally impose for the
probationer’s correction and rehabilitation outside prison. The enumeration is not exclusive,
as long
as the probationer’s Constitutional rights are not
jeopardized.
Who may grant parole to a prisoner? ans. the board of pardon and parole, an
agency under the Department of Justice.
When may a prisoner be granted parole? ans. whenever the board of pardon and
parole finds that there is a reasonable probability that if released, the prisoner will be
law abiding and that his release will not be incompatible with the interest and welfare of
society and when a prisoner has already served the minimum penalty of his/her
indeterminate sentence of imprisonment.
What happens if a parolee violates the conditions of his parole? ans. he shall
be rearrested and recommitted or returned to prison to served the unexpired portion of
the maximum period of his sentence.
What is absolute pardon? ans. it is the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever resulting to the full
restoration of his civil rights.
Who may file a petition for conditional pardon?ans. a prisoner who has served at
least one half of the maximum of the original indeterminate and/or definite prison term.
at least 1/2 ( one half) of the minimum of his indeterminate and/or definite
prison term or the aggregate minimum of his determinate and/or prison terms.
at least 10 years for prisoners sentenced to one reclusion perpetua or one life
imprisonment, for crimes/offenses not punishable under RA 7659 and other
special law.
at least 12 years for prisoners whose sentences were adjusted to 40 years in
accordance with the provisions of article 70 of the RPC as amended.
at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659
committed on or after January 1, 1994 and sentenced to one reclusion perpetua
or one life imprisonment.
at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life
imprisonment even if their sentences were adjusted to 40 years in accordance
with the provision of article 70 of the RPC as amended.
at least 20 years for those sentenced to death which was automatically
commuted or reduced to reclusion perpetua.
Who may file a petition for absolute pardon?ans. one may file a petition for
absolute pardon if he had served his maximum sentence or granted final release and
discharge or court termination of probation.
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July
24, 1976.
Probation officer - one who investigates for the court a referral for probation or
supervises a probationer or both.
Provincial and City Probation officer - appointed by the Secretary of justice upon
the recommendation of the administrator and in accordance with civil service law and
rules.
17. The idea that punishment will be give the offender lesson by
showing to others what would happen to them if they have
committed the heinous crime.
A. Protection
B. Deterrence
C. Lethal injection
D.Stoning Answer: B
21. Which program plays a unique role in the moral and spiritual
regeneration of the prisoner?
A. None of these
B.Work programs
C.Education programs
D.Religious programs Answer: D
28. This branch takes charge of the preparation of the daily menu,
makes foodstuff purchases, prepares and cooks the food and
serves it to the inmates. It maintains a record of daily purchases
and consumption and submits a daily report to the warden.
A. General Services Branch
B. Mittimus Computing Branch
C. Budget and Finance
D. Mess services Branch Answer: D
33. Among the following, which has the authority to grant parole?
A. President
B. Board of Pardons and Parole
C. Director of Prison
D. Court Answer: B
36. ___ is an act of grace and the recipient is not entitled to
it as a matter of right.
A. Pardon
B. Parole
C. Probation
D. none of these Answer: B
41. What is the type of Jails under the Supervision of the BJMP?
A. Provincial and sub-Provincial Jails
B. City and Municipal Jails
C. Lock up Jails
D. Insular Jails Answer: B
45. Which is a warrant issued by the court bearing its seal and
signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or
detention?
A. Mittimus
B. Detention Mittimus
C. Sentence Mittimus
D. Detention Warrant Answer: C
50. Under the prison service manual, the prescribed color of prison
uniform for maximum security prison is -
A. Orange
B. Brown
C. Stripe Orange
D. Blue Answer: A
53. Aside from protecting the public, imprisonment has for its
latest objective, the
A. reformation of offenders
B. deterrence
C. segregation of offender
D. confinement of Offender Answer: A
54. In the New Bilibid Prison, all medium security prisoners are
confined at the
A. NBP Main Prison
B. Camp Bukang Liwayway
C. Camp Sampaguita
D. Medium Security Prison Answer: C
55. Under the prison rules, who is charged for the hearing of
disciplinary cases in prison?
A. Classification Board
B. Parole Board
C. Administrative Board
D. Disciplinary Board Answer: D
61. The penalty imposed for offenders must be certain. This means
that:
A. The guilty one must be the one to be punished, no proxy.
B. No one must escape its effect
C. It must be equal for all persons
D. The consequence must be in accordance
with law. Answer: B
62. The following are the duties of the custodial force in prison,
except:
A. Censor offender’s items
B. Escort inmates
C. Inspect security devices
D. Conduct disciplinary hearing Answer: D
67. Those who have been once on probation under the Probation
Law:
A. are qualified to apply for probation
B. are disqualified to apply for probation
C. may be granted for another probation
D. should be confined in prison Answer: B
77. The New Bilibid Prison, the Correctional Institution for Women
(CIW), Iwahig Prison and Penal Farm, and Sablayan Prison and
Penal Farm are all under this agency.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Department of Justice Answer: B
79. Prisoners whose sentences are more than three years to capital
punishment are considered
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: D
80. Prisoners whose sentences are from one day to six months are
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: A
87. The law creating the Bureau of Jail Management and Penology.
A. RA 8551
B. RA 9165
C. RA 6975
D. RA 4890 Answer: C
103. Who is tasked with the gathering and collecting of information and
other data of every prisoner into a case study to determine the
work assignment, the type supervision and degree of custody and
restriction under which an offender must live in jail?
A. Classification Board
B . Board of Custody
C. Diagnostic Board
D. Treatment Board Answer: A
104. The imprisonment a convicted offender may serve, at the rate of
PhP8.00 a day subject to certain rules, for failure to pay a fine and
if ordered to do so by the judgment is referred to as
A. Subsidiary imprisonment
B. Secondary imprisonment
C. Preventive imprisonment
D. None of the above Answer: A
108. During the 16th up to the 18th century, a criminal may be sent
away from a place carried out by prohibition to coming against a
specified territory. This is an ancient form of punishment called:
A. Exile
B. Transportation
C. Banishment
D. Public trial Answer: C
112. Retaliation is the earliest remedy for a wrong act to any one (in
the primitive society). The concept follows that the victim’s family
or tribe against the family or tribe of the offender, hence “blood
feuds” was accepted in the early primitive societies. Retaliation
means:
A. Personal Vengeance
B. Tooth for a tooth
C. Eye for an Eye
D. All of these Answer: A
113. In 1936, the City of Manila exchanges its Muntinlupa property with
the Bureau of Prisons originally intended as a site for boys’ training
school. Today, the old Bilibid Prison is now being used as the Manila
City Jail, famous as the :
A. “ May Halique Estate”
B. “Tandang Sora State”
C. New Bilibid Jail
D. Muntinlupa Jail Answer: A
114. The sheriff of Bedsfordshire in 1773 who devoted his life and
fortune to prison reform. After his findings on English Prisons, he
recommended the following: single cells for sleeping, segregation
of women, segregation of youth, provision of sanitation facilities,
and abolition of fee system by which jailers obtained money from
prisoners.
A. John Howard
B. Robert Peel
C. William Penn
D. Manuel Montesimos Answer: A
115. Mr. Cruz was convicted of the crime of murder. After 10 days from
the promulgation of the sentence, he escaped from his place of
confinement. He maybe
A. liable for evasion of service of sentence
B. considered as an escaped prisoner
C. not liable for evasion of service of sentence
D. All of these Answer: A
116. Ms. Bantog was convicted for the crime of infanticide. After
serving her sentence she committed again the same crime. Ms Ines
Bantog maybe considered as a
A. recidivist
B. quasi-recidivist
C. habitual delinguent
D. mentally retarded person Answer: A
117. Ramon, a basketball player, arrested Berto for some legal ground
but he failed to file a complaint against the latter with in the
prescribed period of filing. What crime did Ramon committed?
A. arbitrary detention
B. illegal Detention
C. illegal arrest
D. no crime committed Answer: B
119. The only early Roman place of confinement which was built under
the main sewer of Rome in 64 B.C.
A. Bridewell Workhouse
B. Wulnut Street Jail
C. Burgundian House
D. none of these Answer: D
120. The punishment should be provided by the state whose sanction is
violated, to afford the society or individual the opportunity of
imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve it.
This is one justification of punishment called:
A. Atonement
B. Incapacitation
C. Deterrence
D. Retribution Answer: D
123. If the warden is taken as the hostage, for all intents and
purposes, he ceases to exercise authority and the next in
command or the __________ officer present shall assume the
command.
A. Veteran
B. Assistant
C. Most senior
D. Custodian Answer: C
126. What is the country, whose early schemes for humanizing the
criminal justice under it’s common law, originated probation.
A. England
B. United States
C. Greece
D. France Answer: A
127. Which of the following does not belong to the common law
practices to which the emergence of probation is attributed?
A. Recognizance
B. Reprieve
C. Benefit of the Clergy
D. Penance Answer: D
130. Who among the following was the builder hospice of San Michelle,
a reformatory for delinquent boys
A. Montesquieu
B. Pope Clement XI
C. Samuel Romily
D. John Howard Answer: B
142. The system of prison were the confinement of the prisoners in
single cells at night and congregate work in stop during the day
A. Pennsylvania prison
B. Auburn prison
C. Elmira reformatory
D. Alcatraz prison Answer: B
143. Under the rules, the chairman of the classification board and
disciplinary board for jails should be
A. Warden
B. Assistant warden
C.Custodial officer
D. Security officer Answer: B