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REVIEWER IN INSTITUTIONAL CORRECTION

PRELIM
TRUE OR FALSE
1. Penology is the study of punishment for crime or criminal offenders. TRUE
2. Penology is derived from the latin word poena which means pain or suffering. TRUE
3. Carpeta refers to the information of inmate regarding the offense committed. FALSE
4. Prisoner is a public building or place of confinement of a person as a punishment
imposed by law. FALSE
5. Sentence prisoner is a person in prison pending preliminary investigation, trial or appeal.
FALSE
6. Death penalty is known as the capital punishment. TRUE
7. The old Bilibid prison was constructed in 1936 in the City of Manila. FALSE
8. Galleys is a narrow single deck ship propelled by sails usually rode by criminals. TRUE
9. The Director of prisons is appointed by the President of the Philippines with the
confirmation of the Commission of Appointments. TRUE
10. Bureau of Corrections was renamed into Bureau of Prisons. FALSE

IDENTIFICATION
1. A branch of criminal justice system concerned with the custody, supervision and
rehabilitation of offenders. CORRECTION
2. A place of confinement for inmates under investigation awaiting or undergoing trial
or serving sentence. JAIL
3. Refers to an inmate who is convicted by final judgment. PRISONER
4. A prison system in the history of correction that confines prisoner during nighttime
and congregate work during daytime. AUBURN PRISON SYSTEM
5. Descending or putting away of an offender into specified territory or an island.
6. This known as the third pillar of criminal justice system. COURT
7. This penal farm is initially intended for the confinement of political Prisoners
established in the year 1869. SAN RAMON PRISON AND PENAL FARM
8. Correctional Institution for women in Mandaluyong City is headed assigned to
supervise the prison facility. FEMALE SUPERINTENDENT
9. A prison system called solitary because of complete silence and confined in single
cell day and night. PENNSYLVANIA PRISON SYSTEM
10. A branch of Municipal law which defines crime, treats of their nature and provides
for their punishment. CRIMINAL LAW

MULTIPLE CHOICE
11. A classification of sentence prisoner that suffers a term of 3 years and 1 day to life.
INSULAR OR NATIONAL PRISONER
12. Those sentenced to suffer a term of imprisonment from 1 day to 3 years. CITY
PRISONER
13. A person who is under the custody of lawful authority by reason of his criminal
sentence issued by a court. PRISONER
14. A written order of the court consigning an offender to a jail or prison for confinement.
COMMITMENT ORDER
15. A warrant issued by a court bearing its seal and signature of the judge directing the
jail or prison authorities to receive inmates for custody. MITTIMUS
16. The following are the three primary school of penology except: PRIMITIVE
SCHOOL
17. History has shown and credited this as the oldest Code in Babylon. HAMMURABIC
CODE
18. A person who is criminally liable is also civilly liable. TRUE
19. The duration of reclusion temporal is: 12 YEARS AND 1 DAY TO 20 YEARS
20. The duration of prision correctional is: 6 MONTHS AND 1 DAYTO 6 YEARS

ENUMERATION
1-3: Colonies of Iwahig Prison and Penal Farm
1. MONTIBLE
2. SANTA LUCIA
3. INAGAWAN
4-6: Characteristics of Criminal Law
1. GENERAL
2. TERRITORIAL
3. PROSPECTIVE
7-10: Early forms of Death Penalty in the Philippines
1. BEHEADING
2. HANGING
3. ELECTRIC CHAIR
4. GARROTE

MIDTERMS
1. An act of the sovereign power granting general pardon for a past offense usually granted
in favor of certain persons who have committed crimes of political character.
AMNESTY
2. A method by which a prisoner who has served a portion of his sentence is conditionally
released but remains in legal custody. PAROLE
3. It is known as the postponement of the execution of a death sentence. JUDICIAL
REPRIEVE
4. Good conduct time allowance is granted for first two years. 20 DAYS FOR EACH
MONTH
5. An executive clemency changing a heavier sentence to a less serious one, or shorten
prison term. COMMUTATION OF SENTENCE
6. A disposition under which a defendant, after conviction and sentence is released subject
to the condition imposed by the court. PROBATION
7. An act to provide for an indeterminate sentence and parole fort all persons convicted of
certain crimes. ACT NO. 4103
8. What is the Probation Law of 1976. PD 968
9. A security facility common to police stations used for temporary confinement of
individual under Investigation. LOCK-UP JAILS
10. Who is the present Bucor chief? GREGORIO CATAPANG
11. Any person who shall kill his father, mother, spouse or child shall be guilty of?
PARRICIDE
12. infanticide is committed by a person who shall kill. CHILD LESS THAN 72HRS
13. Any person who shall inflict injuries upon another which shall incapacitated the offended
party for labor for 10days or more shall be guilty of? LESS SERIOUS PHYSICAL
INJURIES
14. When rape is committed by a man with force and intimidation or under 12 yrs of age
shall be punished by. RECLUSION PERPETUA
15. When more than 3 armed persons form a band of robbers for the purpose of committing
robbery in the highway, extortion, or kidnapping shall be guilty of? BRIGANDAGE
16. Any person who shall deliberately cause damage to the property of another shall be guilty
of? MALICIOUS MISCHIEF
17. A person who shall commit any acts of lasciviousness upon other persons of either sex
shall be punished by. PRISON MAYOR
18. Any person who is guilty of concubinage or adultery shall be punished by. DESTIERRO
19. Rape is committed by having carnal knowledge of a woman under the following
circumstances except.. COMMITTED BY MEANS OF DECEIT
20. This is committed by any person who, with intent to gain but without violence, against, or
intimidation of persons nor force upon things is liable for? THEFT
21. The penalty of reclusion perpetua to death shall be imposed upon any person who shall
burn 1 or more buildings or edifices, consequent to one single act of burning is liable for
the crime of? ARSON
22. Former warships used to house prisoners also known as floating hells. HULKS
23. GOMBURZA were executed in 1872 by the Spanish colonial ruier by means of?
GARROTE
24. Destierro is a form of banishing a person from the place where he committed a crime that
prohibits him. 25 KILOMETER
25. The ideal capacity of NBP is 6,345 POL's. As of October 2022, is housed how many
inmates? AROUND 29,000
26. What do we call the leader of South Cotabato prisoners? EL PRESIDENTE
27. The original capacity of South Cotabato Jail is around 600, at present it boomed to haw
many percent? 300%
28. Under the Word's toughest prisons, Ronilo is a newbie and he was charged of?
ATTEMPTED MURDER
29. Probation is allowed once the appeal is granted. FALSE
30. An act or omission punishable by revised penal code. FELONY

TRUE or FALSE
1. San Ramon is considered as the oldest penal farm in the country. TRUE
2. Sablayan prison penal farm is the biggest penitentiary in the Philippines. FALSE
3. Provincial jails in the Philippines are under the jurisdiction of the Bureau of
Corrections. FALSE
4. BJMP exercises supervision and control cer cities, municipalities and provincial jails
throughout the Country. TRUE
5. The word jail derived from Spanish word JAULO which means CAGE. TRUE
6. South Cotabato Jail is exclusively for sentenced prisoner. FALSE
7. The marshal's are responsible to lock the cell doors. FALSE
8. Probation is exclusively granted for those first time offender with less than 6 years
and 1 day imprisonment. FALSE
9. Recidivism qualified for probation. FALSE
10. At present NBP already started to transfer inmates to different Penal colonies as part
of decongestion process. TRUE

FINALS

CRIMINAL LAW
A branch of municipal law which defines crime, treats of their nature and provides for their
punishment
Characteristics of Criminal Law
 GENERAL
 TERRITORIAL
 PROSPECTIVE
General- the law is binding to all persons who reside in the Philippines
Territorial- the law is binding to all crimes committed within the National Territory of the
Philippines

Exception to Territorial Application Instances Enumerated under Article 2 of RPC


 Should commit an offense while on a Philippine ship or airship
 Should forge or counterfest any com or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands, chain
vinual law library
 Should be liable for acts connected with the introduction into these islands of the
obligations and securities While being public officers or employees should commit an
offense in the exercise of their functions or . mentioned in the presiding number
 Should commit any of the crimes against national security and the law of nations
Prospective- the law does not have any retroactive effect

Source of Criminal Law


 The Revised Penal Code
 Special Laws-acts enacted of the Philippine Legislature punishing offenses or omissions

Crime- acts and omissions punishable by any law


Offense- a crime punished under special law
Malum in se- the act is inherently evil or bad per se wrongful
Malum Prohibitum- acts made evil because there is a law prohibiting
FELONIES- acts and omissions punishable under the RPC

DECEIT (DOLO)
Requisites of Dolo or Malice
 Freedom
 Intelligence
 Negligence, Imprudence, Lack of Foresight, Lack of Skill
Negligence- failure in advertence
Imprudence- failure in precaution
Consummated Felony- when all the elements necessary for its execution and accomplishment
are present
Frustrated Felony (requisites)
 When the offender performs all the acts of execution
 Which would produce the felony as a consequence
 But which, nevertheless, do not produce other than this own spontaneous desistance

Attempted felony (requisites)


 When the offender commences the commission of a felony directly or over acts
 Does not perform all the acts of execution which should produce the felony
 By reason of some cause or accident other than this own spontaneous desistance

ABERATIO ICTUS (Mistake of Blow)


By any person committing a felony (delito) although the wrongful act done but different from
that he intendest
IMPOSSIBLE CRIME
By any person performing an act which would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or an account of the employment of
inadequate or ineffectual means
Nullum Crimen, Nulla Poena Sine Lege
-There is no crame when there is no law punishing it

Light Felonies- are punishable only when they have been consummated
Exception:
 Committed against person
 Committed against property
Conspiracy- exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it commit.

Proposal- when the person who has decided to commit a felony proposes its execution to some
other person or persons.

Circumstances that affect Criminal Liability


 Justifying circumstance
 Exempting circumstances
 Mitigating circumstances
 Aggravating Circumstances
 Alternative circumstances

Justifying Circumstances- where the act of a person is in accordance with law such that said
person is deemed not to have violated the law
SELF-DEFENSE:
 Unlawful aggression
 Reasonable necessity of the means employed to prevent or repel it
 Lack of sufficient provocation on the part of the person defending himself

DEFENSE OF A RELATIVE
 Unlawful aggression
 Reasonable necessity of the means employed to prevent or repel it
 In case the revocation was given by the person attacked, that the one making defon had
no part therein

DEFENSE OF A STRANGER
 Unlawful aggression
 Reasonable necessity of the means employed to prevent or repel it
 The person defending but not induced by revenge, resentment, or other evil motive

AVOIDANCE OF A GREATER INJURY


 That the evil sought to be avoided actually exist;
 That the injury feared to be greater than that done to avoid it
 That there he no other practical and less harmful means of preventing it

FULFILLMENT OF A DUTYLAWFUL EXERCISE OF A RIGHT OR OFFICE


OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR FOR LAWFUL PURPOSE

Exempting Circumstances- are those grounds for exemption from punishment because there it
wanting in the age of the crime any of the conditions which make the act voluntary or negligent
Imbecile-ne while advanced in age has a mental development comparable to that of children
between 2 and 7 years old
Insane- one who acts with complete deprivation of intelligence reason or without the least
discernment or with deprivation of freedom of will Mere abnormality of the mental faculties will
not exclude imputability

Child in conflict with law- is a person who at a time of the commission of the offense is below
eighteen (18) years old but not less than fifteen (15) and one (1) day old
Mistake of Fact- misapprehension of fact on the part of the person who caused injury to another
Uncontrollable Fear- offender employs intimidation or that in compelling another to commit a
crime
Insuperable Clause- offender employs intimidation or threat in compelling another to commit a
crime
Irresistible Force- offender uses violence or physical force to compel another person to commit
a crime

Mitigating Circumstances- those in which if present in the commission of the crime reduces the
penalty of the crime but does not erase criminal liability nor change the nature of the crime

Classes of mitigating circumstances


 Ordinary mitigating
 Privilege mitigating
 Practor Intentionem- lack of intent to commit so grave a wrong
Aggravating Circumstance- if attendant in the commission of the crime serve to have the penalty
imposed on its maximum period provided by law for the offense or those that change the nature
of the crime
Kinds of Aggravating Circumstances
 Generic-those which apply to all crimes
 Specific-those which apply only to specific crimes
 Qualifying those that change the nature of the crime
 Inherent-which of necessity accompany the commission of the come, therefore not
condered in increasing the penalty to be imposed
 Special-those which arise under special conditions to increase the penalty of the offense
and cannot be offset mitigating circumstance

Alternative against national security


 Treason
 Conspiracy and proposal to commit treason
 Misprision of treason
 Espionage

THE TREATMENT PROGRAMS


A. The Institutionalized Treatment Programs

1. Prison Education- the cornerstone of rehabilitation. It is the process or result of formal


training in school or classrooms intended to shape the mind and attitude of prisoners
towards good living upon their release
2. Work Programs- these are programs conducive to change behavior in morale by training
prisoners for a useful occupation. It is purposely to eliminate idleness on the part of
prisoners, which may contribute to "Prison stupor, and affects the incidence of Prison riot
3. Religious Services in Prison- The purpose of this program is to change the attitude of
inmates by inculcating religious values or belief
4. Recreational Programs The only program that is conducted during free time schedule
5. Medical and Health Services- Medical and health services includes Mental and physical
examination- Diagnosis and treatment-Immunization Sanitary- inspections-Participation
in training
6. Counseling and Casework
Justifying Circumstances and Circumstances which Exempt from Criminal Liability

ARTICLE 11. Justifying Circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur:

First. Unlawful aggression;

Second. Reasonable necessity of the means employed to prevent or repel it;

Third. Lack of sufficient provocation on the part of the person defending himself.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same
degrees, and those by consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are present, and the further
requisite, in case the provocation was given by the person attacked, that the one making defense
had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this article are present and that the
person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to
another, provided that the following requisites are present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

ARTICLE 12. Circumstances Which Exempt from Criminal Liability. — The following are
exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.

2. A person under nine years of age.


3. A person over nine years of age and under fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded against in accordance with the provisions of article 80
of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education; otherwise, he shall be
committed to the care of some institution or person mentioned in said article 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.

5. Any person who acts under the compulsion of an irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause.

CHAPTER THREE

Circumstances Which Mitigate Criminal Liability

ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances:

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act
or to exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen years of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of article 80.

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded
the act.

5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or
adopted brothers or sisters, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before the court prior to the presentation of the
evidence for the prosecution.

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which
thus restricts his means of action, defense, or communication with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of consciousness of his acts.

10. And, finally, any other circumstance of a similar nature and analogous to those above
mentioned.

CHAPTER FOUR

Circumstances Which Aggravate Criminal Liability

ARTICLE 14. Aggravating Circumstances. — The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due to the offended party
on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party,
if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where
public authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.

6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band,


whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an
offense it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,


epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.


12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means
of motor vehicles, airships, or other similar means.

21. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commission.

CHAPTER FIVE

Alternative Circumstances

ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime and
the other conditions attending its commission. They are the relationship, intoxication and the
degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended
party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance
when the offender has committed a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional
it shall be considered as an aggravating circumstance.
Crimes against the law of nations
 Inciting to war or giving motives for reprisals
 Violation of neutrality
 Correspondence with hostile country
 Flight to enemy's country
 Piracy in general and mutiny on the high seas or in Philippine waters

Treason- is a breach of allegiance to a government, committed by a person owes allegiance to it


Allegiance- obligation of fidelity and obedience which individuals owe to the government under
which they live or to the sovereign, in return for protection they receive
Espionage- is the offense of gathering, transmitting or losing information respecting the national
defense, with or reason to believe that the information is to be used to the jury of the Republic of
the Philippines or to the advantages of any foreign nation
Correspondence- is communication by means of letters or it may refer to the letters which pass
between those have friendly or business relations
Piracy- it is robbery or forcible depredation on the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of universal hostility
Mutiny- is the unlawful resistance to a superior officer or the rating of commotion and
disturbances on board a ship against the authority of its commander
Arbitrary Detention- any public officer or employee who, without legal grounds, detain a
person
Detention- defined as actual confinement of a persons in an enclosure, or in any manner
detaining and depriving him of his liberty.
Illegal Detention- committed by private individual public officer or who unlawfully employee
who deprives a person detains a person of his liberty

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