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URDANETA CITY

UNIVERSITY
Owned and operated by the City Government of Urdaneta

COMPILATION OF OUTPUTS IN
CORRECTION ADMINISTRATION 2
NON-INSTITUTIONAL CORRECTION

SUBMITTED BY EMELIE L. TIPAY, BLOCK 4

SUBMITTED TO MEDY D. LIWAN

JUNE 5, 2021
A.1 PRELIM NOTES

NON-INSTITUTIONAL CORRECTION
OVERVIEW
Criminal Justice System defined
Criminal Justice System (CJS) is the machinery used by the society
to prevent and control crime. It is the tool of a democratic
government to protect the people against criminality and other
peace and order problems.
In theory, Criminal Justice System is an integrated process
primarily concerned with apprehension, prosecution, trial,
adjudication, and correction of criminal offenders.
5 Pillars of the Criminal Justice System in the Philippines
Law Enforcement
Prosecution
Court
Corrections
Community
The Corrections Pillar
Correction is one branch of criminal justice concerned with the
custody, supervision, and rehabilitation of convicted offenders.
As a process, Correction refers to the reorientation or re-
instruction of the criminal offender in order to prevent him/her
from repeating his deviant or delinquent actions. In correcting
the deviant behavior of the offender, the process does not consider
the necessity of taking punitive actions.
APPROACHES TO CORRECTION
1.Institutional Corrections
Contemporary Corrections
Responsible for the reform and rehabilitation of offenders inside
correctional facilities (Prisons or jails)
2.Non-Institutional Corrections
Community-Based Corrections
Alternative ways of reforming and rehabilitating offenders outside
correctional facilities
Correctional activities that takes place in the community that
directly addressed to the offender and aimed at helping him to
become a law abiding citizen.
Non-Institutional Corrections
IC covers the following topics:
Historical perspective of the Development of Community-Based
Corrections;
The Probation;
Parole; and
Other forms of non-institutional reformation.

CHAPTER 1
INTRODUCTION TO 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. Non-
institutional corrections refer to that method of correcting
sentenced offenders without having to go to prison. Advantages of
community-based corrections are:
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; and
Cost of incarceration will be eliminated which is extremely
beneficial especially to a cash-strapped government.
PROBATION
Probation came from the Latin verb “probare” – to prove, to test.
A term coined by John Augustus.
- By probation, a person convicted of a criminal offense is not
sent to prison by the sentencing court. Instead, he/she is released
and placed under the supervision of a probation officer subject to
the conditions which the court may impose.
Probation, in other words, is a disposition under which an accused,
after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer.
Probation, also is a privilege granted by the court; it cannot be
availed of as a matter of right by a person convicted of a crime.
To be able to enjoy the benefits of probation, it must first be
shown that an applicant has no disqualifications imposed by law.

Probation was an OLD PRACTICE. It was the influence of the


following:
Benefit Of The Clergy
In the 13th Century, a compromise between the church and the king,
wherein any member of the clergy brought to trial in the king’s
court shall be claimed from the jurisdiction by the bishop or
chaplain representing him and placed under the authority of the
ecclesiastical court.
Judicial Reprieve
17th century – the practice of temporary suspension of the
execution of sentence by the judge either before or after judgment.
Early in the 17th C – with the establishment of settlements in
America, English courts began to grant reprieves to prisoners under
sentence of death on condition that they accept deportation
Recognizance
“binding over good behavior” The direct ancestor of probation -
involves the obligation or promise under oath that the accused
must “keep the peace” or “be of good behavior”. Sureties or bail
were usually required Usually applied to any felony not capital.
This led to the development of the first British Probation Service.
Transportation
Sending or putting away of an offender to another colony. It was
an attempt to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.
HISTORICAL BACKGROUND OF PROBATION
Matthew Davenport Hill: As a young professional in England, Hill
had witnessed the sentencing of youthful offenders to one-day terms
on the condition that they be returned to a parent or guardian who
would closely supervise them. When he eventually became the
Recorder of Birmingham, a judicial post, he used a similar practice
for individuals who did not seem hopelessly corrupt. If offenders
demonstrated a promise for rehabilitation, they were placed in the
hands of generous guardians who willingly took charge of them.
Hill had police officers pay periodic visits to these guardians in
an effort to track the offender's progress and keep a running
account.

John Augustus, the "Father of Probation," is recognized as the


first true probation officer.
In 1841, John Augustus attended police court to bail out a "common
drunkard," edward savage the first probationer. The offender was
ordered to appear in court three weeks later for sentencing. He
returned to court a sober man, accompanied by Augustus. To the
astonishment of all in attendance, his appearance and demeanor had
dramatically changed.

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. Close attention was paid to evaluating whether or not a
candidate would likely prove to be a successful subject for
probation. The offender's character, age, and the people, places,
and things apt to influence him or her were all considered.

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. His
reformer's zeal and dogged persistence won him the opposition of
certain segments of Boston society as well as the devotion and aid
of many Boston philanthropists and organizations. The first
probation
PROBATION IN THE PHILIPPINES
The adult probation as a reformation idea was twice attempted to
be implanted in the country’s justice system. First was in 1935
and second in 1972. On August 7, 1935, the Philippine Legislature
passed Act No. 4221. This Act created the Probation Office under
the Department of Justice. The Act also granted probation to first-
time offenders 18 years old above and convicted of certain crimes.
However, two years after its implementation, on November 16, 1937,
the Supreme Court declared it unconstitutional because of its
constitutional and procedural defect. In 1972, House Bill No. 393
was filed in the Congress with the purpose of establishing a
probation system in the country. Its provisions removed the defects
of the previous law that made it constitutionally and procedurally
defective. Despite the Congress passing the bill, HB No. 393
gathered dust in the Senate of the Philippines upon declaration of
Martial Law.
In 1975, the late Assemblyman Teodulo C. Natividad introduced
another proposed probation decree. The proposed decree was
presented on April 24, 1976. The bill underwent eighteen (18)
technical hearings and submitted to a selected group of jurists,
penologists, civil leaders, social and behavioral scientists and
law practitioners before it was endorsed for approval.
Finally, on July 24, 1976, President Ferdinand E. Marcos signed
the proposed decree known as Presidential Decree No. 968 (PD 968)
or the “Adult Probation Law of 1976”. With its enactment, it
created the Probation Administration. The late Congressman Teodulo
C. Natividad recognized as the Father of Philippine Probation was
appointed its first Administrator. With PD 968, probation became
an added component of Philippine Corrections System and proved its
institutional worth. On November 23, 1989, with the passage of
Executive Order No. 292 or “The Administrative Code of 1987”, the
Probation Administration became PAROLE AND PROBATION
ADMINISTRATION (PPA).

CHAPTER 2
PD 968 THE PROBATION LAW OF THE PHILIPPINES
Mission
To rehabilitate probationers, parolees and pardonees and promote
their development as integral persons by utilizing innovative
interventions and techniques which respect the dignity of man and
recognize his divine destiny.
Vision
A model component of the Philippine Correctional System that shall
enhance the quality of life of its clients through multi-
disciplinary programs and resources, an efficient organization and
a highly professional and committed workforce in order to promote
social justice and development.
Mandate
The Parole and Probation Administration is mandated to conserve
and/or redeem convicted offenders and prisoners who are under the
probation or parole system.
Goals
The Administration's programs sets to achieve the following goals:
1. To promote the correction and rehabilitation of an offender by
providing him with personalized community-based treatment;
2. To provide an opportunity for his reformation and reintegration
into the community;
3. To prevent the commission of offense; and
4. To uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive deprivation of
personal liberty.
Functions
To carry out these goals, the Agency through its network of
regional and field parole and probation offices performs the
following functions:
to administer the parole and probation system
to exercise supervision over parolees, pardonees and probationers
to promote the correction and rehabilitation of criminal offenders.
Act No. 4221 – effectivity date, August 7, 1935 ; the first
probation law in the Philippines
PD 968 - effectivity date , January 3, 1978 ; The Probation Law of
the Philippines
Amendatory Laws to PD 968
PD 1257 - effectivity date, December 1, 1977 ; amended the period
within which application for probation must be made.
BP 76 - effectivity date, June 13, 1980 ; amended the maximum
penalty for qualification for probation.
PD 1990 - effectivity date,January 15, 1986 ; amended BP 76 back
to its original form and made probation and appeal exclusive
remedies.
Probation is as a Privilege
Probation is a privilege granted by the court; it cannot be availed
of as a matter of right by a person convicted of a crime. To be
able to enjoy the benefits of probation, it must first be shown
that an applicant has no disqualifications imposed by law.
Probation as a Matter of Right
Probation is a mere privilege for adult offenders. However, under
R.A. 9344 or 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.
Application for Probation
Probation will not be granted except upon the application by the
accused.
Section 4. Grant of Probation. An application for probation shall
be filed with the trial court, with notice to the appellate court
if an appeal has been taken from the sentence of conviction. The
filing of the application shall be deemed a waver of the right to
appeal, or the automatic withdrawal of a pending appeal.
May an accused in a joint trial apply for probation even if the
other co-accused appealed their conviction?
Yes. 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.
When can a petitioner file his application for probation?
The law says that the application should be made within the period
for perfecting an appeal or within 15 days from the promulgation
of notice of judgment.
However, under Section 42 of R.A. 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.
Where can we file the application for probation?
The application for probation be filed directly to the trial court
that heard and sentenced the person applying for probation.
What are the procedures in applying for Probation?
1. The offender or his counsel files a petition with the convicting
court
2. The court determines convict qualifications and notifies the
prosecutor of the filing of the petition
3. The prosecutor submits his comments on such application within
10 days from receipt of the notification
4. If petitioner is qualified, his application is referred to the
probation officer for post-sentence investigation
5. The post-sentence investigation report (PSIR) is submitted by
the probation officer to the court within 60 days
6. The court grants or denies the petition for probation within 15
days upon receipt of the PSIR. (as amended by PD 1257).
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 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.
Section 9. Disqualified Offenders. The benefits of this Decree
shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than
six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month and
one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this
Decree; and
(e) who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof.
Section 10. Conditions of Probation. Every probation order issued
by the court shall contain conditions requiring that the
probationer shall:
(a) present himself to the probation officer designated to
undertake his supervision at such place as may be specified in the
order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such
time and place as specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer;
(d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to
visit his home and place or work;
(j) reside at premises approved by it and not to change his
residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of
the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
What are the Rules on Outside Travels?
Probation officer authorized the probationer to travel outside the
area of the operation for a period of 10 days but not exceeding 30
days.
If 30 days, Probation must file 5 days before travel a request to
travel outside for the approval of Probation authorities.
If more than 30 days, Probation Authorities shall recommend for
Court Approval.
What are the Rules on Change of Residence?
The probationer must file a request for change of residence at the
city or provincial Parole and Probation officer to the court
approval.
If approved, the RTC which has jurisdiction over the place shall
have full control of the probationer.
Can applicant reject the grant of probation?
The law does not oblige the defendant to accept the grant of
probation, especially when he feel that the terms and conditions
thereof are too onerous for him.
Bail or Recognizance pending petition for probation
Pending the submission of the PSIR and the resolution on the
application, the applicant may be allowed on temporary liberty
under his bail, on a new bail, or released on recognizance.
Section 11. Effectivity of Probation Order.
a. The probationer must present himself to his probation officer
within 72 hours
b. Report to his probation officer at least once a month
c. Not to commit another crime
d. Comply with any other lawful conditions
imposed by the court.
Section 12. Modification of Condition of Probation. During the
period of probation, the court may, upon application of either the
probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either
the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard
thereon. The court shall inform in writing the probation officer
and the probationer of any change in the period or conditions of
probation.
When can the Court Modify the Conditons Probation?
at any time during supervision
after summary hearing when the probationer violated any of its
conditions
upon application by the probation officer or the probationer
himself
Period of Probation: the period of probation may be shortened or
made longer, but not to exceed the period set in the law
Note: only the judge who heard and decided the case has the
power to grant, deny, modify, revoke and terminate probation. .
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.
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.
Section 15. Arrest of Probationer; Subsequent Disposition. At any
time during probation, the court may issue a warrant for the arrest
of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may
be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke
or continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not
be appealable.
What if the probationer violated the conditions of probation?
The probation officer investigates the alleged violation and if it
is established,
a report is submitted to the court. Depending upon the nature and
seriousness of the violation, there can be modification of the
conditions or revocation of probation by the judge.
There is also the possibility of arrest including criminal
prosecution of probationer in the event of commission of another
offense. The revocation proceeding is summary.
If the court finds the probationer guilty of serious violation of
the conditions of probation, the offender may be ordered to serve
the original sentence imposed
If the probationer committed a crime while under probation, what
would be the
consequences?
The probationer will be arrested for violation of the condition of
probation
Prosecution of the new crime committed
The court will order the serving of the original sentence of the
previous offense
2 Grounds of Revocation of Probation
Failure to comply with conditions of probation.
Commission of another offense
Section 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.
When is Probation terminated?
After the probationer has satisfactorily completed the probation
period, the Probation Officer shall submit termination report to
the court containing the ff:
condition of probation
program of supervision /response to treatment
recommendation
What are the ways of terminating probation?
1. After period of probation with satisfactory compliance with
conditions of probation.
2. Other ways of terminating probation
Termination before the expiration of the period (served at least
1/3 of the imposed period but not less than 6 months)
Termination by pardon of the probationer
Deportation of the probationer – when an alien on probation is
deported, probation will necessary be terminated.
Death of probationer.
What are the rights restored after termination of Probation?
All civil rights suspended when the offended was convicted and
sentenced are restored after the termination of probation
Liability to pay a fine is also discharged in case of subsidiary
imprisonment.
The probationer and the probation officer shall each be furnished
with a copy of such order.
Final report of Probation
At least 30 days before the expiration of the period of probation,
the probation officer shall submit a final report to the court
which shall indicate the following:
The program of supervision and treatment followed in dealing with
the probationer.
The response of the probationer to supervision and treatment
The response of the supervision.
The recommendation as to whether or not the probationer may be
discharged from probation.
Such other information that may be required by the court.
Section 23. Provincial and City Probation Officers. There shall be
at least one probation officer in each province and city who shall
be appointed by the Secretary of Justice. His duties shall be to:
(a) investigate all persons referred to him for investigation by
the proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the
probation aide on the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of
probationers under his charge and use all suitable methods to bring
about an improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written
reports as may be required by the Administration or the court
having jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city
where he is assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the
latter's supervision of probationers;
(g) exercise supervision and control over all field assistants,
probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the
Administration.
Section 28. Probation Aides. To assist the Provincial or City
Probation Officers in the supervision of probationers, the
Probation Administrator may appoint citizens of good repute and
probity to act as probation aides.
Probation Aides shall not receive any regular compensation for
services except for reasonable travel allowance. They shall hold
office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum caseloads shall be
provided in the rules promulgated pursuant to this Decree.

References:
Correctional Administration: Non-Institutional Corrections
Chief. Supt. Mercedes A. Foronda (Ret.) DPA, PH.D.

INTERNET REFERENCES
https://wasalakknows.wordpress.com/2020/04/18/non-institutional-
corrections/
https://en.wikipedia.org/wiki/Parole_and_Probation_Administration
_(Philippines)
https://probation.gov.ph/wp-
content/uploads/2018/12/Agency_Profile_a.pdf
A.2 PRELIM ACTIVITIES
ACTIVITY 1
ACTIVITY 2
Submit a written DOT of 50 items.
• use any clean sheet of paper.
• take a picture of your activity then submit at google
classroom
ACTIVITY 3
CHOOSE A TOPIC FROM OUR PRELIM LESSONS.
MAKE A RECORDED VIDEO OF YOU DISCUSSING YOUR CHOSEN TOPIC.
THE DISCUSSION SHOULD LAST AT LEAST 5 MINUTES.
Send your video in our messenger group chat
THIS WILL BE RECORDED AS RECITATION.WHICH WILL BE 10 PERCENT OF
YOUR GRADE.
A.3 PRELIM ONLINE QUIZ
Prelim QUIZ 1
Prelim Quiz 2
A.4 PRELIM EXAM
URDANETA CITY UNIVERSITY
San Vicente West, Urdaneta City
Second Semester A.Y. 2020-2021
NAME: ___________________________ DATE:
___________
YEAR/BLK.: _______________________ SCORE:
_________

NON-INSTITUTIONAL CORRECTION
PRELIM EXAMINATION

PART I. MULTIPLE CHOICE


Direction: Read the questions carefully. Choose the best answer fro
the choices given. Mark the letter that corresponds your answer.

1. The following are advantages of probation, EXCEPT one.


a. Family members must also feel the pain of the victims
b. The convict must be exposed to hardened criminals in prisons
c. Rehabilitation can be more monitored inside the prison
d. Cost of incarceration will increase
e. All of the above
f. None of the above
2. A person convicted of a criminal offense who is not sent to prison
by
the sentencing court. Instead,he/she is released and placed under the
supervision of a probation officer subject to the conditions which
the court may impose.
a. Probation
b. Probationer
c. Probation officer
d. Probare
3. A disposition under which an accused, after conviction and
sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer.
a. Probation
b. Probationer
c. Probation officer
d. Probare
4. To be able to enjoy the benefits of probation, it must first be
shown that an applicant has_________.
a. Privilege
b. Conditions imposed by the court
c. No disqualifications
d. The right to apply
5. Placing a person to custodial coercion is to place him in physical
jeopardy, thus drastically narrowing his access to sources of persona
satisfaction and reducing self-esteem.
a. Restorative aspect
b. Humanitarian aspect
c. Managerial aspect
d. IDK
6. Temporary suspension of the execution of sentence by the judge
either before or after judgment.
a. Reprieve
b. Clemency
c. Benefit of the clergy
d. Recognizance
7. Who did Mr. Matthew Davenport Hill hire to conduct periodic visits
to guardians of offenders released to the community?
a. Probation officers
b. Probationers
c. Police officers
d. Guardia civil
8. How many individuals did John Augustus bailed out and was able to
continued the bond successfully?
a. 1946
b. 1964
c. 1936
d. 10
9. The first probation law in the Philippines
a. Act No. 4221
b. RA 4221
c. PD 968
d. RA 968
10. This law made probation and appeal exclusive remedies.
a. PD 1990
b. PD 1257
c. PD 1275
d. PD 1999
11. A probationer ______ change his residence.
a. may
b. never
c. none of the above
12. Probation order shall contain conditions requiring that the
probationer shall present himself to the probation officer designated
to undertake his supervision _________from receipt of said order.
a. after 72 hours
b. 24 hours
c. within 24 hours
d. within 72 hours
13. According to PD 968, a probationer is required to report to his
probation officer ___________.
a. Once every 2 months as the law requires
b. Everyday for closer supervision
c. At least once a month
d. Depending on how many times the probationer feels comfortable
with
14. After the probation of Mar O. Has wa granted, Ms. Dee Lima, his
victim appealed the grant. Will the court hear the appeal of Ms. Dee
Lima?
a. Yes, since she has the right to appeal
b. Yes, since she is the victim
c. No, she should have appealed before the probation was granted
d. No, grant of probation can not be appealed.
15. A prisoner is meted out the death sentence. On the appointed time
of his execution, the President called the Bureau of Correction for
the delay of his execution. What is this stay of execution of sentence
is called?
a. Reprieve
b. Amnesty
c. Parole
d. Pardon
16. Mario was convicted and meted out a penalty of more than one (1)
year. If his petition for probation is granted, his probation shall
not be more than ___years.
a. 2 b. 6 c. 5 d. 3
17. Who among the following does NOT belong to the group?
a. Alice who was sentenced to 3 years and 6 months imprisonment.
b. Eudora who was given an indeterminate sentence of 10years to 20
years.
c. Cecilion who recieved a sentence of Prision Correctional.
d. Esmeralda who is about to serve less than 1 year penalty for
simple theft.
18. What happens if the probationer transfers his residence to a place
outside the jurisdiction of the regional court?
a. Control over the probationer is transferred to the chief of
police.
b. Control over the probationer is transferred to the executive
judge of the Regional Trial Court at the place of the new
residence.
c. Control and supervision over the probationer is transferred to
the head probation officer .
d. None
19. When can an offender apply for probation?
a. Upon being charged
b. Before his conviction
c. Any time during the trial
d. After his conviction
20. Who is the father of probation in the Philippines?
a. Ferdinand E. Marcos
b. Teodulo C. Natividad
c. John Augustus
d. Matthew Davenport Hill
PART II. DIRECTION: Read the phrases each number. Relate each phrases
from the choices inside the box. Write your answer in the space
provided.
a. Act No.4221
b. Probation officer
c. To prove or to test
d. Privilege
e. Probation Office
f. Probation Administration
g. PD 968
h. 30 days before the expiration of probation
i. Parole and Probation Administration
j. Probation
k. Court
l. BJMP officers
m. RA 8353
n. Within 60 days of reciept of probation referral
______1.A privilege enjoyed only by qualified offenders.
______2.persons appointed to supervise person under probation
______3.Act NO. 4221
______4. EO 292
______5. PD 968
______6. Adult Probation Law in the Philippines
______7. Pobare
______8. Grants or denies probation
______9.Final report for probation
______10. Post Investigation report
PART III. TRUE OR FALSE (2pts each)
Direction: Read the sentences carefully. If the first statement is
true but the second statement is false, answer TF. If the first
statment is false but the second statement is true, answer FT. If both
statments are true, answer TT. If both statments are false, answer FF.
______1. An offender sentenced with more than 6 years is not qualified
for probation under PD968. Therefore, a municipal prisoner is not
qualified for probation.
______2. Juan Dee who was 17 on the time of the commission of an
offense was sentenced for 3 years imprisonment, to him probation was
granted in respect of his right. He may file for probation within 15
days from the promulgation of his sentence or the period of perfecting
an appeal.
______3. Mr. BJ who was convicted of treason may be qualified for
probation. When an offender is qualified for probation, a probation
officer will conduct a pre-sentence investigation and submit a PSIR
within 60 days.
______4. Any judge may revoke or modify probation when a probationer
violates the conditions imposed by the court. Whereas, period of
probation may be shortened or made longer but not to exceed the period
set by the law.
______5. Depending upon the nature and seriousness of the violation,
there can be modification of the conditions or revocation of probation
by the judge. If the pendrobationer commits a crime while under
probation, his probation will automatically be revoked.
______6. Probation will only be terminated when the given period of
probation will end. The death of the probationer will automatically
terminate the probation.
______7. The period of probation may be shortened or made longer, but
not to exceed the period set in the law. Only the city or provincial
probationer has the power to shorten or extend probation.
______8. A probationer may change residence only upon the approval of
probation authorities. The RTC which has jurisdiction over the place
shall have full control of the probationer once he transfers
residence.
______9. If the probationer committed a crime while under probation
there will be prosecution of the new crime committed. The court will
order the serving of the original sentence of the previous offense.

______10. A probationer shall investigate all persons referred to him


for investigation by the proper court or the Administrator. The PSIR
shall be submitted within 60 days from the reciept pf the referral.

Prepared by:
MEDY D. LIWAN, RCrim
Instructor

Checked:

OSWALDO P. LAPEÑA, MS. CRIM ROMEO M. CAPUDOY II, MS. CRIM


Deputy Program Head, CCJE Program Head, CCJE

Approved:

JOSEPH D. MIRANDA, MS. CRIM


Dean, CCJE
B.1 MIDTERM NOTES
B.2 MIDTERM ACTIVITIES
MIDTERM ACTIVITY 1
Research Good Conduct Time Allowance

• define GCTA
• tabulate the system of reduction of GCTA.
• write in any clean sheet of paper.
• submit a picture of your activity in our google classroom.

MIDTERM ACTIVITY 2
USING A VENN DIAGRAM, DIFFERENTIATE PAROLE FROM PROBATION.
GIVE AT LEAST 5 SIMILARITIES AND 10 DIFFERENCES OF THE TWO
PRIVILEGES GIVEN TO QUALIFIED CONVICTS.
USE ANY CLEAN SHEET OF PAPER.
WRITE LEGIBLY, KEEP YOUR ACTIVITY CLEAN, FREE FROM ERASURES.
MIDTERM ACTIVITY 3
Answer the following questions.
1. What are the qualifications and disqualifications for Amnesty?
2. What are the conditions on the grant of Amnesty?
3. What are the minimum requirements for Commutation of sentence?
WRITE IN ANY CLEAN SHEET OF PAPER.
In every page of your activity, draw your signature on the top
left part of the paper. with your ID showing the same signature
drawn in your paper, this is to avoid resubmission of the same
activities by other persons.
B.3 MIDTERM ONLINE QUIZZES
MIDTERM QUIZ 1
MIDTERM QUIZ 2
B.4 MIDTERM EXAM
MIDTERM EXAMINATION
INSTRUCTIONS:
1. Fill out all the necessary information prior answering the
examination questions.
2. Read and re-read the questions before answering.
3. Choose the best answer that fits to the question.
4. Be conscious of the time given for answering your examination
questions.
5. Submit your forms as soon as you finish taking the examination.
5. Be honest even if others are not.
MULTIPLE CHOICE
1.
A. Parole
B. Executive clemency
C. Pardon
D. President’s clemency
2. The following are forms of executive clemency, EXCEPT
A. Commutation
B. Reform model
C. Amnesty
D. Pardon
3. Parole is exercised when the person is __.
A. Served the minimum period of his determinate sentence
B. convicted of treason
C. about to be convicted with a penalty not higher than
reclusion temporal.
D. served the period of his indeterminate sentence
E. all of the above
F. none of the above
4. For amnesty to be granted, there should be __.
A. Recommendation from U.N.
B. Recommendation from C.H.R.
C. Application from C.H.R
D. Concurrence of the congress
5.Among the following, which has the authority to grant parole?
A. President
B. Board of Pardons and Parole
C. Director of Prison
D. Court
6. The director of the Bureau of Corrections, the chief of the
Bureau of Jail Management and Penology and/or the jail warden may
revok the grant GCTA. True or false?
A. True B. Falses
7. It is an act of clemency which changes a heavier sentence to a
less serious one or a longer term to a shorter term.
A. Amnesty
B. Commutation
C. Reprieve
D. none of these
8.Which of the following shall give the actual date of release of
a person handed down with a penalty of indeterminate sentence?
A. Executive office
B. Convicting court
C. Any court
D. Board of Pardons and Parole
E. Parole and Probation Administration
9. What document is issued to a parolee when the maximum period
of his prison term has expired?
A. Certificate of final discharge
B. Certificate of final release and discharge
C. Certificate of prison term completion
D. Certificate of final release
10.A minimum and maximum amount of time to be served in prison is
referred to as ________.
A. A determinate sentence
B. A corporal punishment
C. A Indeterminate sentence
D. A capital punishment
11. It is extended to a group/class of persons generally
exercised by the Chief Executive with the concurrence of
Congress.
A. Pardon
B. Commutation of sentence
C. Parole
D. Amnesty
12.Which among the following is an example of indeterminate
sentence?
A. Susan sentenced with Prision Correctional
B. Alma sentenced with 6 years to 12 years imprisonment
C. Both a and b
D. None of the above
13.It is a change in the court's verdict made by the president
which lowers the degree of penalty imposed by the court.
A. Amnesty
B. Commutation
C. Pardon
D. Reprieve
14.A privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment for his good behavior.
A. Amnesty
B. Reprieve
C. Commutation of sentence
D. Good Conduct Time Allowance
15.who is authorized to issue warrants for the arrest of alleged
parole violators
A. PPA
B. Convicting court
C. Any court
D. Board of Pardons and Parole
16.Parole officers must not conduct a warrantless arrest when a
parolee violates the conditions of his parole, he must wait for
the issuance warrant of arrest.
A. True
B. False
C. Partly true
D. Partly false
17.An arrested parole violator may be released through bail. A
detainer or warrant against a prisoner does not disqualify him
from parole.
A. First statement is true, second statement is false
B. First statement is false, second statement is true
C. Both statements are true
D. Both statements are false
18. Parole is a judicial function. Probation is an administrative
function.
A. First statement is true, second statement is false
B. First statement is false, second statement is true
C. Both statements are true
D. Both statements are false
19.Which of the following is applicable only to death sentence?
A. Pardon
B. Amnesty
C. Reprieve
D. Parole
20.Parole is a conditional release of a prisoner whereby he is
placed under the supervision of a Parole Officer after serving
his indeterminate sentence.
A. True
B. False
C. Partly true
D. Partly false
21.Parole is more beneficent because it restores full civil
rights to the parolee upon termination unlike probation.
A. True
B. False
C. Partly true
D. Partly false
22.It shall be the duty of the Bureau of Corrections to look into
the physical, mental and moral record of the prisoners who shall
be eligible to parole.
A. True
B. False
C. Partly true
D. Partly false
23.During the eleventh and successive years of his imprisonment,
he shall be allowed a deduction of ____ for each month of good
behavior during detention;
A. 23 days
B. 30 days
C. 20 days
D. 25 days
24.During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a reduction of _____for each
month of good behavior during detention;
A. 23 days
B. 30 days
C. 20 days
D. 25 days
25. Who among the following has the power to grant GCTA?
A. The director of the Bureau of Corrections,
B. the chief of the Bureau of Jail Management and Penology
C. jail warden.
D. None of the above
E. All of the above
26.GCTA once granted may be revoked by __________.
A. The director of the Bureau of Corrections,
B. the chief of the Bureau of Jail Management and Penology
C. jail warden.
D. None of the above
E. All of the above
27. Releases from the jail of alleged parole violators should be
on order of the ________ only.
A. parole board
B. court
C. supreme court
D. agency holding the person in custody
28.The following are reasons for exercising executive clemency.
A. Doubts on the guilt of the offender
B. Apparent excessive sentence
C. Humanitarian concerns such as illness of old aged inmates
D. None of the above
E. All of the above
29. Emill was sentenced with reclusion temporal, his penalty is
considered an indeterminate sentence. In relation to his penalty
he is not qualified for parole.
A. First statement is true, second statement is false
B. First statement is false, second statement is true
C. Both statements are true
D. Both statements are false
30. Who acts as the chairman of the Board of Pardons and Parole?
A. PNP Chief
B. DILG Secretary
C. DOJ Secretary
D. Chief Executive
31.Probation is granted once only. Parole on the other hand can
be granted more than once to a prisoner.
A. First statement is true, second statement is false
B. First statement is false, second statement is true
C. Both statements are true
D. Both statements are false
32.It is an act of forgetfulness that puts into oblivion the
offense of which one is charged so that the person as if he had
never committed the offense.
A. Pardon
B. Amnesty
C. Reprieve
D. Parole
33.Joana was sentenced with correctional. How many months or
years must she wait before she can be qualified for parole?
A. 6 months
B. 6 years
C. 3 years
D. 3 months
34.Joana was sentenced with reclusion temporal. She was paroled
after she served the minimum period of her sentence, how many
years will she be serving parole?
A. 10 years
B. 6 years
C. 8 years
D. 12 years
35.It is a blanket pardon granted to a group of prisoners,
generally political prisoners.
A. Pardon
B. Amnesty
C. Reprieve
D. Parole
36.Amnesty can be availed in the following period, EXCEPT;
A. before and during trial
B. after the trial of the case
C. while serving sentence
D. none of the above
37. Which of the following is a judicial function?
A. Parole
B. probation
C. Pardon
D. reprieve
38.How can an ex-convict restore all his civil rights?
A. Through termination of parole
B. Through release from prison
C. Through amnesty
D. Both a and b
39. Under good conduct allowances, any offender qualified for
credit for preventive imprisonment or of any convicted prisoner
in any penal institution, rehabilitation or detention center or
any other local jail who has serve two years of imprisonment
shall entitle a deduction of:
A. twenty days for each month of good behavior during detention
B. twenty-three days for each month of good behavior during
detention
C. twenty-five days for each month of good behavior during
detention
D. thirty days for each month of good behavior during detention
40.Good conduct time allowances once granted is;
A. not revocable
B. appealable
C. expires two years before release
D. none of the above
41. The director of the Bureau of Corrections, the chief of the
Bureau of Jail Management and Penology and/or the jail warden may
revok the grant GCTA. True or false?
A. True B. False
42. This proclamation extended amnesty to leaders of the
Hukbalahap and Pambansang Kaisahan ng mga Magbubukid (PKM).
A. Proclamation No. 51
B. Proclamation No. 76
C. Proclamation No. 67
D. None of the above
43. Proclamation issued in order to pardon those committed crimes
against the security of the State who have changed their hostile
attitude towards the government.
A. Proclamation No. 51
B. Proclamation No. 76
C. Proclamation No. 67
D. None of the above
44.A person who committed heinous crimes under RA 7659 will have
the possibility of Commutation of sentence_________
A. After serving 20 years inside the prison
B. After serving 15 years inside the prison
C. At least 1/3 of the minimum of his indeterminate sentence
D. at least twelve 12 years
45.On May 2018, Jojo was sentenced with reclusion temporal. When
can he be granted with Commutation of sentence?
A. May 2022
B. May 2023
C. May 2030
D. May 2028
46.Che-chei was sentence with 3 counts Infanticide. When can she
be qualified for commutation of sentence?
A. After serving 20 years in prison
B. After serving 40 years in prison
C. She cannot be qualified since her crime is 3 counts of heinous
crime
C. She cannot be qualified since her penalty is capital
47.Ejerchito was convicted of plunder, is there a possibility
that he may be running for a government position?
A. Yes, if he is the best friend of the president
B. Yes, if he will be pardoned
C. Yes, if he will finish serving his sentence
D. No, he is already a bad politician from the start
48. Jerje committed parricide, was convicted and sentenced. What
privilege can be available for him?
A. Amnesty
B. Parole
C. Problation
D. Pardon
49. Who among the following are political prisoners?
A. Glorei, a Congressman who misappropriated the funds of the
government.
B. Ka Ching, a Chinese who helped a Filipino soldier during the
Marawi sage.
C. Terry Dorry, a vlogger giving information on the military
strength of the Philippines.
D. Ka Kaka, a member of the New People’s Army.
50. The certificate of discharge from parole has the effect of
restoring all civil rights lost by operation of law.
A. True
B. False
C. Partly true
D. Partly false

Prepared by:
Medy D. Liwan, RCrim
Instructor

Checked:
Oswaldo P. Lapeña, MS. Crim
Deputy Program Head, CCJE

Romeo M. Capudoy II, MS. Crim


Program Head, CCJE

Approved:
Joseph D. Miranda, MS. Crim
Dean, CCJE

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