You are on page 1of 5

MIGUEL, JULIENNE DANICA A.

ACTIVITY-FINALS
BSCRIM 3C NON-INSTITUTIONAL CORRECTION

1. Give the difference/s of probation officer and probation aide (10 points)

Probation Officer Probation Aide


A probation officer is a court officer who A probation Aide is often employed to fill in
interacts with people who have been for normal Probation personnel who are
sentenced to supervised probation regularly. absent due to vacation, sick leave, military
These people are mostly misdemeanor duty, unpaid leave, or other reasons. All
criminals or low-level felony offenders. The Probation Aide roles are now temporary
vast majority of people sentenced to intermittent employment, often known as
probation are first-time offenders. The court on-call positions, with a yearly work
diverts persons away from imprisonment in maximum of 1560 hours. Probation Aides
jail by placing them on supervised probation. may be allocated full-time or part-time hours,
with a maximum of 1560 hours worked.

2. Give the meaning of the new seal and official slogan of the parole and probation
administration (45 points)
a. Seventeen spokes of a wheel in red and white
The seventeen spooks of a wheel in red and white it is representing the Central Office and
16 Regional Offices, with their component field units, which carry out the PPA.DOJ mandate.
b. White color

The white color symbolizes the purity of the Agency Mission.

c. Red color

The red color vigor of its Vision

d. Spokes

The spokes symbolize the strength of purpose that underlies both.

e. Six bars

The six bars symbolize the maximum sentence of six years of Imprisonment for which an
offender may avail of the privilege of probation .

f. Sword

g. Libra

h. Nineteen leaves

The nineteen leaves are reflecting the 19 philosophies, principles, and concepts of the
Philippine Probation and Parole Systems.

i. Glowing yellow background


The glowing yellow background is signifying the brighter future afforded a rehabilitated
offender.

3. EFREN SALVAN vs. THE PEOPLE OF THE PHILIPPINES (20 points)


Facts:
Paterno de Los Santos, Jr. was convicted of the crime of intentional abortion, and then
he applied for probation. It was determined that he is ineligible to apply for probation because
he waived his right to the benefits of probation law when he appealed the trial court's judgment
of conviction.

Issue/s:
Whether petitioner is entitled to the benefits of probation, considering that he had
appealed his conviction, contrary to the provision of Section 4, P.D. 968, as amended by P.D.
1990.

Held:
Probation is a special privilege granted by the State to a penitent qualified offender. It
essentially rejects appeals and encourages an otherwise eligible convict to immediately admit
his liability and save the State the time, effort, and expenses to jettison an appeal.

Probation may be granted whether the sentence imposes a term of imprisonment or a


fine only. An application for probation shall be filed with the trial court. 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.

4. BALA vs. MARTINEZ G.R. No. L-67301 January 29, 1990 (20 points)

Facts:

Bala has been indicted for removing and substituting the picture of Maria Diazen which
had been attached to her USA passport, with that of Florencia Notarte, in effect falsifying a
genuine public or official document. The RTC adjudged Bala guilty of the crime of falsification of
a public document. Bala appealed the said conviction but the CA affirmed in toto the judgment
of the trial court.

Bala then applied for and was granted probation by Judge Martinez. He was placed on
probation for a period of 1 year, subject to the terms and conditions enumerated therein. By its
terms, it should have expired on August 10, 1983. However, on December 8, 1983, People of the
Philippines through Assistant City Fiscal Cajucom filed a motion to revoke the probation as Bala
had violated its terms and conditions. Bala now contends that the motion to revoke probation
was filed after the lapse of 1 year, which means that he should have been discharged from the
same.

Issue/s:

WON the probation was revoked at the proper time.

Held:

Yes, the SC held that probation is revocable before the final discharge by the court,
contrary to Bala’s submission.

Under the Probation Law, the expiration of the probation period alone does not
automatically terminate probation. Nowhere is the ipso facto termination of probation found in
the provisions of the probation law. Probation is not coterminous with its period. There must
first be issued by the court of an order of final discharge based on the report and
recommendation of the probation officer. Only from such can the case of the probationer be
deemed terminated.

Bala failed to unite and reunite with a responsible society. Precisely, he was granted
probation in order to give him a chance to return to the mainstream, to give him hope, hope for
self-respect, and a better life. Unfortunately, he has continued to shun the straight and narrow
path. He thus wrecked his chance. He has not reformed.

A major role is played by the probation officer in the release of the probationer because he
is in the best position to report all information relative to the conduct and mental and physical
condition of the probationer in his environment, and the existing institutional and community
resources that he may avail himself of when necessary.

The non-compliance to the conditions set and fixed has defeated the very purposes of the
probation law 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.
5. Give the organizational chart of the PPA (5 points)

You might also like