 Temporary release of detained person- PPA who acts as ex-officio member of

Bail, Release on recognizance and habeas management,screening and evaluation

corpus. committee
 Detention- Defined by philippines national
 Recidivist- Person who at a time of his
police as a restraint of liberty or deprivation
trial for one crime shall have been
of freedom pf actopm on any significant
convicted by final judgement of another
manner(PPOP 2010, p.85)
crime embraced in the same title of RPC
 Detainee- Defined by BJMP person who is
 Social Worker- Licensed and
accused before a court or competent
accredited social worker
authority investigation, trail or final
 Special Time Allowance for Loyalty-
judgement(BJMP manual revised 2007.
1/5 of the period of his imposable
P143)
penalty
 Detension Prisoner- Person who is
 2/5 if the PDL chose to stay in the
arrested due to the commission of the crime
same place of his confinement during
by the arresting unit for custodial
clamity
investigation.
 Time Allowance for study, teaching,
 Detention- Act of holding in custody of a
or mentoring- A previlege of 15 days
person while awating for final disposition
granting for each month
 Accused- Person who is under detention
 Time Gap- Period time of PDL is
ang against whom a Criminal Complaint or
effectively beyond the control and
prosecutor’s Information has been filed in a
supervision of prison authorities until the
court of law
latter regains said authority
 Act- Refers act. 3815 known as the RPC as
 Warden- Head of
amended
CITY,district,municipal/provincial Jail
 Carpeta- Institutional Record of an PDL
 Conditional Pardon- Exemption of an
which consist of his mittimus or commitment
individual, within certain limits and
order issued by court after conviction
condition, from the punishment which law
 Chief- Head of the BJMP
inflicts for the offense
 Credit for preventive imprisonment- Time
 Distierro- Penalty which person shall not
credited for the temporary confinement in
permitted to enter the place or place
jail while undergoin investigation.
designated in the sentence. Not more than
 Commitment Order- Written order of the
250 and not less than 25km from the place
court of law or any other competent
 Director General- Head of BOC
authority committing a person to prison for
 Good Conduct- Non-violation of prison
confinement
rules and active involvement in
 Mittimus- Warrant issued by court bearing
rehabilitation programs and productive
its swal and the signature of the judge,
participation in authorized work activities in
directing the prison authorities to receive
all prison
PDL for custody or service of sentence
 Habitual Delinquent- Person within a
imposed therein
peroid of 10yrs from last conviction of
 PDL’s Manifestation- Written Declaration
crimes or less serious crimes found guilty
of a PDL purpose of availing the full credit
third times or oftener
of period his preventive imprisonment
 Basis of temporary release of a detained
 PDL’s Waiver- Written Declaration of a
person- Bail and Release of Recognizance
PDL stating his refusal to abide by the
 ART III Section 13- All persons, except
same dicsiplinary rules imposed upon a
those charged with offenses punishable by
prisoner convicted by final judgement
reclusion perpetua when evidence of guild
 Penal Super intendent- Head of the Penal
is strong shall before conviction, be bail
Colony of BuCor
able by sufficient sureties or be released on
 PDL- Person confined in prison whether
recognizance as may be provided by law.
detained or convicted by final judgement
 Rule 102 of rules of court- Provides for
 Preventive Imprisonment- Temporary
habeas cospus a speedy and effectual
confinement in prison while undergoing
remedy to relive a person from unlawful
investigation or awating final judgement
restrain and will therefore issue when
 Prison- Municipal/city/district/privincial jails someone is deprived of liberty
and penal colonies
 Bail- Security given forr the release of a
 Prison Authorities- Chief of BJMP, person in custody of the law furnished by
wardens and Director general of BuCor him or bondsman to guarantee his
 Probation and parole officer- Employee of appearance before any court as required
under conditions
 Bail Bond- obligation given by he accused
with one or more sureties with the condition
to void upon the performance by the
accused of such acts as he may legally
required to perform
 Forms of bond
Corporate or surety bond- any
domestic or foreign corporation licensed
as a surety in accordance with law and
currently authorized to act as such may
provide bail by a bond
Property Bond- undertaking
constituated as lien on the real property
given as security for the amount within
10 days after the approval of the bond
the accused shall annotation of the lien
on the certificate.
Cash Bond- Accused or any person
acting on his behalf may deposit in cash with
the nearest collector of internal revenue or
provincial, city or municipal treasurer or the
clerk of court.
 Recognizance- The court may release
a person in custody to his own
recognizance or that of a responsible
person(Section 15 rule 114)
 Qualifications or ROR- Filipino Citizen
-Resident for 6 months
-The offense is not punishable by death,
reclusion perpertua or life imprisonment
-has no sufficient means to post
Corporate surety, property bond or
cashbond
-More than 5 years elapsed time since
his last conviction
 When is Bail Discretionary- He is
recidivist, quasi-recidivist or habitual
delinquent.
-Previously escaped from legal
confinement.
-Committed offence while under parole,
probation or conditional pardon. ---
Cirumstances of his case indicate the
probability of flight if released on bail. -
There is undue risk that he may commit
another crime during the predency of the
appeal
 Where bail may be filed?- with the
court where the case is pending. In the
absence of judge, thereof with any
regional trial judge.
 Distinction of Bail Bond from
Recognizance- Bail Bond is an
obligation under seal given by the
accused with one or more sureties and
made payable to the proper officer with
the condition to be void upon
performance by the accused of such
acts as he may legally be required to
perform while Recognizance is an
obligation of record, entered into before
court magistrate duly authorized to take
it with the condition to do some
particular act the most usual condition in
criminal cases being the appearance of
the accused for trial
 Laws allowing Persons to be in ROR-
-PD 968 allows release on
recognizance under 7 part 2
-PD 603 under the child and youth
welfare code
-R.A. 9344 Juvenile Justice and
Welfare Act of 2006
 Probation- Privilege granted by court to
person convicted of criminal offense to
remain in the community instead of
actually going to prison
 Probation- Disposition under which a
defendant after conviction and sentence,
is released subject to conditions
imposed by court and supervision of a
probation officer
 Probationer- Person placed on a
probation
 Probation Officer- One who
investigates for the court a referral for
probation or supervises a probationer or
both
 Probatio- Latin word means “Testing
Period”
 Mathew Davenport Hill- Father of
probation in England
 John Augustus- Father of probation in
USA
 Edward Savage- Former boston Chief
of police held as First Probation officer
employed by the government.
 House Bill 393- Filed by Teudolo C.
Natividad and Ramon Bagatsing
 Teudolo C. Natividad- Father of
Philippines Probation
 Probation Administration- Created by
virtue of PD 968
 The administrative code of 1987-
November 23 1989 Parole and
probation administration\
Major Rehabilitation programs
 Restorative Justice- Process Provides
healing opportunity for affected parties
to pacilitate the recovery of the
concerned parties and allow them to
move on with their lives
 Volunteer Probation Assistant
Program- Strategy which the parole and
probation administration able to
generate maximum citizen participation
or community involvement
 Therapeutic Community
 Section 1- Probation law of 1976. It
shall apply to all offenders except those
entitled to the benefits under provisions
 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 ends of
justice and the best interest of the public
as well as that of the defendant will be
served 1 day.
 Section 7 Period for submission of
investigation Report- Probation officer
shall submit to court on a defendant not
later than 60 days. Court shall resolve
petition for probation not later than 5
days
 Section 9 disqualified offenders-
Serve minimum term of imprisonment of
more than six years
-Convicted against security of the office
-Convicted by final judgement not less
than one month and one day or not less
than 200 pesos
-Once on probation under the provisions
of this decree
-Already serving sentence at the time
the substantibe provisions of this decree
became applicable pursuant to section
33 hereof
 Section 11 Effectivity of Probation
order- Probation order shall take affect
upon its issuance
 Section 12 Modification of Condition
of probation- During probation the court
may modify the conditions or period of
probation.
 Section 13 Control and Supervision
of Probationer- 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
 Section 14 Period of Probation-
Imprisonment of not more than 1 year
shall not exceed two years, and in all
other cases, said peroid shall not
exceed six years
 Section 15 Arrest of probationer,
subequent Disposition- Anytime
during probation, court may issue
warrant for the arrest of a probationer for
violation of any of the conditions of
probation.
 Section 16 Termination of Probation-
After period of probation and upon
consideration of the report and
recommendation of the probation officer,
court may order final discharge of the
probationer upon finding that he has
fulfilled the terms and condition of his
probation.
 Clemency- Simply means leniency or
mercy.. Power given to public official,
governor or president, in some way
lower or moderate the harshness of
punishment imposed upon prisoner
 Executive Clemency- Power of
president in a state convictions. To
pardon a person convicted of a crime
 Section 1 article VII of 1987
constitution- Executive power to
enforce and administer laws
 Pardoning power- Act of grace by the
chief executive exempting the individual
on whom it is bestowed from
punishment which the law inflicts for a
crime he has committed
 Section 19- Except in cases of
impeachment, president may grand
reprieves, commutations, and pardons
and remit fines and forfeitures after
conviction by final judgement.
 Impeachment- Method of national
inqest into the conduct of public men
 Section 5- No pardon, amnesty, parole
or suspension os sentence for violation
of election laws, rule and regulations.
Causes of total extinction of criminal
liability under article 89 of the RPC
1. Death of Convict
a) Death of the offender before or
during trial
b) Death of accused
2. Service of sentence- After the
convict served his sentence, his
criminal liability is automatically
extinguished.
3. Amnesty- Granted by
proclamation of the chief
executive of the philippines with
the concurrence of congress.
Criminal action or liability is totally
extinguished by amnesty,
completely extinguishing the
penalty and its effects
4. Absolute Pardon- Looks
Forward and relieves offender
from consequences of an
offencse of which he has been
convicted. Removes all
disabilities resulting from
conviction
5. Presription of penalty- loss or
forfeiture of the right of
government to execute final
sentence after the lapse of a
certain time
 upon compliance with the
Two conditions necessary in condition.
prescription of penalty 2. Commutation of Sentence-
a) That there is a final Redution or mitigation of the
judgement penalty.
B. That the peroid of time prescribed by 3. Good Conduct Allowance
law for its enforcement has lapsed during confinement- Credit
earned by PDL which reduces
duration of his incarceration.
Prescriptive peroid of penalties under
article 92 of the RPC
 Good Conduct Time
a) Death and Reclusion Perpetua- 20yrs Allowance(GCTA)-
b) Other Afflictive Penalties- 15yrs Good conduct time for
c) Correctional Penalties- 10yrs except good behavior is a
for penalty of arresto mayor which sentence reduction
prescribes 5yrs given to prisoners who
d) Light Penalties- 1yr maintain good bahavior
e) Crime Libel- 1yr while imprisoned
f) Oral Defamation and slander by deed-  RA 10582- AN ACT
6months AMENDING
g) Light offenses- 2 months ARTICLES 29, 94, 97,
h) Crimes punishable by fines: 98, AND 99 AND ACT
A. If fine is affictive- 15yrs NO 3815 AS
B. If it is correctional- 10yrs AMENDED
C. If it is light- 2months OTHERWISE KNOWN
AS THE RPC.
How to Compute Prescription of  Date Enacted- May,
Penalties 29, 2013
a) Commences to run from the date  Publication in Official
when the culprit evaded the Gazette- September 23
service of his sentence 2013
b) It is interrupted when the convict-  Effectivity Date-
Gives up himself to the October 10 2013
authorities

6. Prescription of crime or
offense- Loss or waiver of the
right of the state to prosecute
offenders after the lapse of
certain time
7. Marriage of the offended
woman under article 344 RPC-
Marriage of offender with the
offenderd woman after
commission of any crime of rape
must be conducted by the
offender in good faith
8. Express Repeal of Penal Law- If
law was enacted and it provies
therein that the criminal liability of
the accused is extinguished.

Conditions of partial extinction

of criminal liability under ART
94 of RPC
1. Conditional Pardon-
delivered and accepted
contract between the
soovereign power of the
exeutive and the convict that
former will release the latter