1. After granting the probation, the probationer must present
himself to the probation officer within; A. 24 hours B. 32 hours C. 48 hours D. 72 hours 2. A condition given by the President during his/her birthday. A. Amnesty B. Executive Clemency C. Parole D. Probation 3. A shoemaker and became the father of probation in the U.S A. Mathew Davenport Hill B. Edward Savage C. John Augustus D. Teodolo Natividad 4. Brief of an investigation conducted by probation officer not within the jurisdiction of the court. A. Post Sentence Investigation Report B. Pre sentence investigation report C. Courtesy investigation report D. Initial investigation report 5. Executive clemency extended to convicted and persons who have not yet been tried by the court is A. Amnesty B. Commutation C. Pardon D. Reprieved 6. Father of parole. A. Alexander Maconochie B. Zebulon Brockway C. Sir Evelyn Rugges Brise D. Edward Savage 7. Father of probation in the United States. A. John Augustus B. August Vollmer C. Edward Henry D. Matthew Daven Port Hill 8. Forms of executive clemency, EXCEPT A. Commutation B. Amnesty C. Reform Model D. Probation 9. He is the first appointed probation officer in the world. A. Hans Gross B. Edward Savage C. John Augustus D. Benjamin Franklin 10. Is an act of grace and a recipient is not entitled to it as a matter of right. A. pardon B. probation C. parole D. none of these 11. It is one which if granted wipes away the guilt of the grantee without any condition attaches to it. A. Absolute Pardon B. Amnesty C. Commutation D. Conditional Pardon 12. It is the temporary suspension in the execution of sentence? A. Pardon B. Appeal C. Commutation D. Reprieve 13. Judicial disposition after which the defendant after conviction and sentence is released. A. Probation B. Pardon C. Parole D. Amnesty 14. Pardon cannot be exercised in what of the following instances except... A. Before conviction B. Before trial C. After conviction D. Before conviction and before trial 15. The continuing relationship between probation officer and probationer is known as- A. Affiliation guidance B. Pre-sentence Investigation C. Supervision D. None of these 16. Reducing the degree of death penalty inflicted upon the convict. A. Commutation B. Commutation service of sentence C. Amnesty D. Pardon 17. A French word meaning “word of honor”. A. Pardon B. Probation C. Parole D. Amnesty 18. A person place on probation? A. Prisoner B. Parole C. Probation aid D. Probationer 19. A recipient of absolute pardon is ________ from civil liability imposed upon him by the sentence. A. partially exempted B. exempted C. conditionally exempted D. not exempted 20. Generally bail is a matter of? A. Right B. Privilege C. Parole D. Pardon 21. Coined the word “probation” derived from the latin word “probare”. A. John Augustus B. Teodolo C. Natividad C. Matthew Davenport Hill D. Edward N. Savage 22. For a convicted offender, probation is a form of ________. A. Punishment B. Treatment C. Enjoyment D. Incarceration 23. He was held as the 1st probation officer employed by the government. A. John Augustus B. Teodolo C. Natividad C. Matthew Davenport Hill D. Edward N. Savage 24. Pardon cannot be extended to one of the following instances. A. Murder B. Rape C. Brigandage D. Impeachment 25. Pardon is exercised when the person is_______________. A. Already convicted B. Not yet convicted C. About to be convicted D. Serve the sentence 26. Petition for request for pardon is processed by- A. Board of pardons and Parole B. Director of Prisons C. Judge that sentenced prisoner D. Pre-Parole and pardon Committee 27. Presidential Decree 968 established the _______ System. A. Juvenile Justice B. Family Welfare C. Adult Probation D. Civilian Police 28. Refers to the term of imprisonment with no definite duration w/in a prescribed maximum. A. Amnesty B. Indeterminate sentence C. Parole D. Probation 29. The following are forms of executive clemency, EXCEPT A. Commutation B. Reform model C. Amnesty D. Pardon 30. The following are offender disqualified under P.D. 968, except. A. Presently serving his sentence B. Convicted of any offense against public order C. Serving a term of prison mayor D. 18 years of age and above 31. The pardoning power is exercised by- A. Director of Prisons B. Board of Pardons and Parole C. President D. Secretary of Justice 32. The Post Sentence Investigation is submitted by the Probation officer to the court within A. 30 days B. 60 days C. 90 days D. 120 days 33. Those who have been once on probation under the Probation Law: A. are qualified to apply for probation B. are disqualified to apply for probation C. should be confined in prison D. may be granted for another probation 34. Under the Indeterminate Sentence Law, who acts as the chairman of the Board of Pardons and Parole? A. PNP Chief B. DILG Secretary C. DOJ Secretary D. Chief Executive 35. It is an act of grace and the recipient of the grace is not entitled to it as a matter of right. It is discretionary and within the prerogative of the Chief Executive A. Parole B. Pardon C. Amnesty D. Executive Clemency 36. It is an administrative arm of the president in the exercise of his constitutional power to grant executive clemency. A. Parole and Probation Administration B. Secretary of Justice C. Bureau of Corrections D. Board of Pardon and Parole 37. The form of conditional release that is granted after a prisoner has served a portion of his sentence in a correctional A. Conditional pardon B. Probation C. Parole D. Commutation 38. Pardon includes any crime and exercised by president, while ________ is a blanket pardon to classes person or communities who may be guilt political offense. A. Amnesty B. Pardon C. Commutation D. Parole 39. What document is issued to the parolee after he has substantially met and achieved the terms and conditions of his parole program? A. Certificate of Final release B. Certificate of Final Release and Discharge C. Certificate of Discharge D. None of these 40. In probation system’s philosophy and concept, it is stated that the individual has the ability to _________ and to modify his anti- social behaviour with the right kind of help. A. Challenge B. Aggravate his behaviour C. Change D. None of these 41. In the hearing for the violation committed by the probationer, the latter shall have the right to be informed of the violation charged and to adduce evidence in his favor. This right is in pursuant to his right to ___? A. Equal protection B. Presumption of innocence C. Miranda rights D. Due process of law 42. Payment of civil liability to the victim by the probationer shall be given to the following except the– A. Clerk of Court of the Trial Court B. Paid directly to the victim with receipt filed with PO C. Deposited to the victim’s account D. Supervising Probation Officer on case 43. The court will not grant probation if it finds the following except; A. The offender can be treated better in a mental institution or other places for correction B. The offender is a risk to the community C. The offense is grievous to the eyes of the community D. None of these 44. What is an effect of pardon by the president? A. The pardoning power can be exercised even before conviction B. The pardoning power of the president can be exercised only after conviction C. The pardoning power does not extend to cases of impeachment D. None of these 45. A conditional release after the prisoner has served part of his sentence in prison. A. Parole B. Probation C. Amnesty D. Executive Clemency 46. At this point all civil and criminal liability on the part of the probationer shall be extinguished. A. Before the termination of probation B. After granted the pardon C. Final discharge of the probationer D. During serving the condition of the probation 47. Is one who investigates for court referral for probation supervision or one who supervises a probationer? A. BPP B. BJMP C. Probation officer D. Probationer 48. It is an extension of institutional correction. A. Parole B. Pardon C. Probation D. Amnesty 49. It serves as the basis in granting probation to qualified applicants. A. Post Investigation Report B. Pre Sentence Investigation report C. Admission report D. Post Sentence Investigation 50. Probation was 1st introduced in the Philippines during what colonial period? A. Spanish B. American C. Japanese D. British 51. The President of the Philippines who issued Proclamation No. 51 granting amnesty to those who collaborated with the Japanese during the World War II. A. Elpidio Quirino B. Manuel Roxas C. Diosdado Macapagal D. Ramon Magsaysay 52. An alternative to incarceration granted after a convicted person served a part of his sentence and is allowed to complete a sentence at large, subject to restrictions and supervision. A. Probation B. Work release C. Parole D. Halfway houses 53. An alternative to incarceration that allow convicted persons to remain at large and under varying degrees of restriction and supervision and certain conditions imposed by the granting court. A. Probation B. Work release C. Parole D. Halfway houses 54. An attached agency of the Department of Justice which provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community based treatment programs. A. BJMP B. Bureau of Corrections C. Provincial Government D. Parole and Probation Administration 55. A self-help social learning treatment model used in the rehabilitation of drug offenders and other clients with behavioral problems. This treatment model adheres to the precepts of “Right living”. A. Probation B. Parole C. Restorative Justice D. Therapeutic community 56. What is the act of grace from a sovereign power inherent in the state which exempts an individual from the punishment which the law imposes or prescribes for his crime, extended by the President thru the recommendation of the Board of Parole and Pardon? A. Amnesty B. Parole C. Pardon D. Probation 57. Is a form of executive clemency that exempts the individual of all criminal liability without any condition. It can also be granted at any time by the President starting from the time the prisoner serves his sentence. A. Executive Clemency B. Conditional Pardon C. Pardon D. Absolute Pardon 58. It is granted by the Chief Executive without and conditions to it, presumably to do away with the miscarriage of justice. It extinguishes criminal liability. A. Parole B. Amnesty C. Absolute pardon D. Pardon 59. The case where the Supreme Court laid down the doctrine that the absolute pardon removes all that is left of the consequences of conviction, and that it is absolute in so far it restores the pardonee to full civil and political rights. A. Cristobal vs. Labrador B. Fernandez vs. Aquino C. People vs. Galit D. None of these 60. A director of the Massachussets Board of state Charities who made a report in address that the result of probation in case of juvenile offenders proved so decisively good. A. John Howard B. Calvin Collidge C. Alexander Rice D. Gardner Tuffs 61. A disposition under which the defendant after conviction and sentence and release subject to conditions imposed by the trial court and to the supervision of probation officer. A. Petitioner B. Probation C. Probation Law D. P.D. 968 62. A method halting or suspending formal criminal proceeding against a person who has violated a statue in favor of processing through non-original disposition. A. Deviation B. Probation C. Reprieve D. Diversion 63. Pardon cannot be extended to one of the following instances. A. Murder B. Brigandage C. Rape D. Impeachment 64. Is disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of the probation officer. A. Recognizance B. Parole C. Probation D. Bail 65. The purpose of commutation of sentence is to: A. Do away with the miscarriage of justice B. Break the rigidity of the law C. Restore the political and civil rights of the accused D. All of the above 66. One of the objectives of Probation is not to promote the correction and rehabilitation of an offender by providing him with “individualized treatment” under the guidance of a trained Probation officer. This statement is: A. Absolutely correct B. Absolutely incorrect C. Doubtful D. Confusing 67. 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 68. The main task of this is to estimate the risk the offender present to the community and to determine the offender’s treatment needs. A. Post Sentence Investigation Report B. Pre-Sentence Investigation Report C. Probation Officer Investigation Report D. All of the above 69. Where to apply a petition for probation? A. Any RTC B. Any MTC C. To the court where the accused was convicted D. Any Court 70. Which of the following should a probationer avoid? A. Make periodic report B. Go and play in the gambling den C. Work regularly to support family D. Stay away from bad associates. 71. Which statement is not correct? A. The grant of probation is a matter of privilege B. Probation is a matter of right after the grant C. The grant of probation is discretionary D. Probation is a right 72. Who from among the following are disqualified to apply for the grant of probation? A. Those sentenced with a penalty of not more than six years B. Those sentenced with a penalty of six years and less but filed for an appeal in the Court of Appeal C. Those sentenced with a penalty of more than six years D. Both B and C 73. XANDY was convicted of sedition, he is disqualified to apply for probation, because: A. The penalty for sedition is prision mayor B. The penalty is more than 6 years C. The crime of sedition is considered as crime against public order D. All of the above 74. A recipient of absolute pardon is ________ from civil liability imposed upon him by the sentence. A. Partially exempted B. Exempted C. Conditionally exempted D. Not exempted 75. Formerly, pardon was applied to a member of the ____ who committed crimes and occasionally to those convicted to offenses against the Royal power. A. Royal Family B. French family C. Wealthy family D. Democrats Family 76. Under Article VII, Section 10 paragraph (B) of the Philippines Constitution, pardoning power is vested with the A. Department of Justice B. Judiciary C. Chief Executive D. Legislative 77. After the notice of publication granting parole, the complainant is given how many days within which to file comment? A. 5 days B. 15 days C. 20 days D. 30 days 78. An act of clemency which changes a heavier sentence to a less serious one or a longer term to a short term? A. Reprieved B. Parole C. Commutation D. Conditional Pardon 79. An executive clemency given to a convicted offender whose parole is deprive from the very beginning? A. Commutation B. Amnesty C. Probation D. Suspension of sentence 80. A prisoner who shows good behavior in prison and exercise good conduct and is discharge after serving 1/3 of his/her term is called. A. Parole B. Pardon C. Probation D. Diversion 81. It transferred the function of supervising parolees to the Parole and Probation Administration. A. Executive Order 292 B. Executive Order 922 C. Executive Order 229 D. Executive Order 293 82. An early practice in England in disposing of an offender who received a reprieved will be traveled to other country to supply a laborers? A. Recognizance B. Judicial Reprieve C. Hulks D. Transportation 83. The Director of the Bureau of Corrections or the warden shall forward the _____ of the prisoner to the BPP for evaluation and consideration for parole. A. Prison record and carpeta B. Clothes and personal belongings C. Recommendation and investigation results D. Result of publication of names of prisoners 84. The form of conditional release that is granted after a prisoner has served a portion of his sentence in a correctional A. Conditional pardon B. Probation C. Parole D. Commutation 85. Which of the following is a prerogative of the Chief Executive with concurrence of Congress? A. Parole B. Probation C. Pardon D. Amnesty 86. One who signed the first probation law in Massachussets, which provides for the appointment and prescribed duties of salaried probation officer? A. Gardner Tuffs B. Alexander Rice C. Calvin Coolidge D. John Howard 87. Refers to the one who investigates for the court referral for probation and supervises a person placed under probation. A. Probation Officer B. Probationer C. Petitioner D. Probation Applicant 88. The concept of probation, from the Latin word “probatio” which means ___, has historical roots in the practice of judicial reprieve. A. Walk with faith B. Live with integrity C. Testing period D. Out of prison 89. The continuing relationship between probation officer and probationer is known as – A. Affiliation Guidance B. Pre-sentenced Investigation C. Supervision D. Probation Guidance 90. The first salaried federal probation officer. A. Richard McSweeney B. Richard Mc Sweeny C. Edward Hartwell Savage D. Richard McSweetney 91. The form of Executive Clemency which reduces the sentence of a convicted person to shorter term is referred to as – A. Amnesty B. Probation C. Commutation D. Shortening 92. The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed how many years? A. 2 years B. 3 years C. 4 years D. 5 years 93. Under what section of RA 9165 that provides the Non- applicability of the probation Law for Drug Traffickers and Pushers? A. Section 15 B. Section 24 C. Section 57 D. Section 60 94. Upon receipt of the probation officer investigation report, the court shall resolve the application for probation not later than- A. 60 days B. 5 days C. 15 days D. 45 days 95. Which of the following does not belong to the common law practices to which the emergence of probation is attributed? A. Recognizance B. Reprieve C. Benefit of the Clergy D. Penance 96. Which of the following is an executive clemency that requires the concurrence of congress? A. Probation B. Pardon C. Amnesty D. Parole 97. Which of these is known as the Adult Probation Law, which grants probation to prisoner sentenced to term in prison of not more than six (6) years? A. PD 603 B. RA 698 C. PD 968 D. PD 869 98. Who signed the First Probation Law that was passed by the legislature of Massachusetts on April 26, 1878? A. Gov. Alexander H Rice B. John Augustus C. Augustus Ceasar D. Alexander Forth 99. In what instances that Probation can be exercise? A. Upon filing of petition B. When the accused is already charged of crime C. Serve minimum sentence D. After Conviction 100. An early practiced that extended to an offender in which modifying the severity of the law, and it was a temporary withholding of sentence? A. Recognizance B. Judicial Reprieve C. Probation D. Commutation
MODERATE - BLUE QUESTIONS
1. Which of the following probationers may be recommended for the early termination of probation? A. those recommended for further supervision B. those physical and mentally fit for travel C. cooperative and participative probationer in the programs D. probationers convicted for offenses involving moral turpitude 2. Those who have been once on probation under the Probation Law: A. Are qualified to apply for probation B. Are disqualified to apply for probation C. May be granted for another probation D. Should be confined in prison 3. The Probation order may also require the probationer in appropriate cases to the following EXCEPT… A. Meet his family representatives B. Comply with a program of payment of civil liability C. Undergo medical or psychological exam when required D. Deny himself to a specific employment 4. The following are situations that will happen if the probationer will violate the terms and conditions of the probation, except A. The court may modify the conditions of probation or revoke the same. B. If the violation is serious, the court may order the probationer to serve his prison sentence. C. The probationer may also be arrested and criminally prosecuted if the violation is a criminal offense. D. All of the above 5. The following are qualifications of the Probation Administrator and the Assistant Probation Administrator, which one is not? A. at least 35 years of age B. Must have been a regional administration officer for 4 years. C. holder of a masters degree or its equivalent in either criminology, social work, corrections, penology, psychology, sociology, public administration, law, police science, police administration or related field. D. at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of supervisory experience. 6. The following are Mandatory conditions for Probations except; A. to present himself to the probation officer concern for supervision within 72 hours from receipt of the order (probation order) B. to report to the probation officer at least once a month during the period of probation. C. not to commit another offense during the probation period. D. Meet his family responsibilities • 7. The following are grounds for disqualifying a convicted offender in applying for probation, except one; • A. Sentence to serve a maximum term of imprisonment for six years. • B. Convicted of subversion or any crime against the national security or public order. • C. Who have been once on probation under the provisions of this Decree. • D. Who are already serving sentence at the time the substantive provisions of this decree became applicable pursuant to Sec. 33 hereof. 8. The following are authorized to order or approve the release of prisoners, except one; A. The Board of Pardons and Parole in parole cases. B. The Director of the Bureau of Corrections upon the expiration of the sentence of the prisoner. C. The President of the Philippines in cases of executive clemency or amnesty. D. None of these 9. Parole maybe granted if the inmate- A. Finishes considerable portion of sentence B. Finishes minimum sentence C. Deserves to be released by reason of good behavior D. Has considerable good conduct time allowance credit 10. Probation shall be denied if the court finds that? A. The offender is in need of correctional treatment B. There is undue risk that during the period of probation the offender will commit another crime C. Probation will depreciate the seriousness of the offense committed. D. All of these 11. If a person is convicted in any of those crimes mentioned in these titles are disqualified for application for probation. 121. What are these crimes? A. Crimes against public order and against persons B. Crimes against public order and national security C. Crimes against chastity and persons D. Crimes against national security and fundamental laws of the state. 12. All but one is advantage of probation. A. The convicted criminal can continue to work in his place of employment B. The convicted criminal can maintain mental and physical development C. It relieves prison congestion D. It prevents the tendency of broken homes 13. What is the act of grace from a sovereign power inherent in the state which exempts an individual from the punishment which the law imposes or prescribes for his crime, extended by the President thru the recommendation of the Board of Parole and Pardon? A. Amnesty B. Parole C. Pardon D. Probation 14. This is a form of executive clemency which removes the effects of a crime but does not remove the guilt itself. The grantee here is bound to follow certain restrictions, violations of which may be a ground to recommit him back to prisons. A. Absolute pardon B. Amnesty C. Commutation D. Conditional pardon 15. Executive Clemency is the authority of the President of the Philippines to suspend the execution of a penalty, reduce the sentence and extinguish criminal liability. The various forms of executive clemency are as follows, except one; A. Commutation or reduction of sentence. B. Grant of Pardon C. Reprieve or temporary suspension of sentence. D. Parole 16. The act of grace from a sovereign power inherent in the state which exempts an individual from the punishment which the law imposes or prescribes for his crime, extended by the President thru the recommendation of the Board of Parole and Pardon is called A. Amnesty B. Parole C. Pardon D. Probation 17. Pardon which is considered as private act of the President need not to be concurred by Congress. What is then the other type of executive clemency that needs the concurrence of congress? A. Amnesty B. Pardon C. Parole D. Absolute Pardon 18. This is a procedure which permits a jail prisoner to pursue his normal job during the week and return to the jail to serve his sentence during the weekend or non-working hours. A. Amnesty B. good conduct time allowance C. probation D. delayed sentence 19. It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment of the original sentence. A. Commutation of Sentence B. Pardon C. Reprieve D. Amnesty 20. A procedure wherein a sentence of offender is temporarily suspended and he is permitted to remain in the community, subject to the control of the court and under the supervision and guidance of a probation officer. A. Pardon B. Parole C. Probation D. Executive Clemency 21. Change in the decision of the court made; by president by reducing the degree of penalty inflicted upon the court, or by reducing the length of imprisonment or amount of fine imposed by the court in the verdict of conviction. A. Amnesty B. Pardon C. Commutation D. Reprieve 22. An alternative to incarceration granted after a convicted person served a part of his sentence and is allowed to complete a sentence at large, subject to restrictions and supervision. A. Probation B. Work release C. Parole D. Halfway houses 23. An alternative to incarceration that allows convicted persons to remain at large and under varying degrees of restriction and supervision and certain conditions imposed by the granting court. A. Probation B. Work release C. Parole D. Halfway houses 24. An attached agency of the Department of Justice which provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community based treatment programs. A. BJMP B. Bureau of Corrections C. Provincial Government D. Parole and Probation Administration 25. This is considered as the blueprint of the Parole system adopted in every country, it was pioneered by Alexander Maconochie A. Good behavior Allowance B. Reward and Punishment System C. Mark System D. Good Conduct time allowance
26. The Secretary of Justice recommends these officers of
probation for appointments to the President, which one is not? A. Probation Administrator B. Regional Probation Officer. C. City Provincial officer D. None of these 27. The treatment process employed by the field officer focused on particular news of probationer, paroles and pardonees. A. Rehabilitation programs B. Corrections program C. Medical program D. Pre-release program • 28. It is a privilege granted by the court to a person convicted of a criminal offense to remain to the community instead of actually going to prison. • A. Parole B. Probation • C. Pardon D. Amnesty 29. 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. Reprieve C. Commutation D. None of these 30. It is referred to as the conditional release of an offender from a penal institution after he has served the minimum period of his prison sentence. A. penalty B. Probation C. Parole D. Service of minimum Sentence 31. It is the authority of the President of the Philippines to suspend the execution of a penalty, reduce the sentence and extinguish criminal liability. A. Parole B. Pardon C. Executive Clemency D. President’s Clemency 32. Pardon is given only after conviction, while _______ may be exercised even before investigation trial or conviction. A. Pardon B. Parole C. Amnesty D. Probation 33. A Boston shoemaker who advocated in behalf of alcoholic and youthful offenders and known as the father of probation. A. Mathew Davenport Hill B. Edward Savage C. John Augustus D. Alexander Rice 34. An alternative to incarceration and allows convicted persons to remain at large under varying degrees of restriction and supervision and certain conditions. A. probation B. parole C. work release D. halfway houses 35. Which agency performs the evaluation of prisoner’s fitness and qualifications for the grant of pardon or parole? A. Punishment, confinement retribution, treatment B. Retribution, Deterrence, incapacitation, rehabilitation C. Deterrence, retribution, punishment treatment D. None of the above 36. What should the court do where the accused violated the terms and conditions of his probation? A. Court releases the probationer to the community B. Revoke and let the probationer served his sentence C. Court order the probationer to apply for parole D. Court should allow the probationer to continue his probation 37. When to file the application for probation? A. 15 days before conviction and sentence at the time of imprisonment start. B. 15 days before conviction and sentence at the time of imprisonment C. 15 days after conviction and sentence at any time before imprisonment start D. 15 days after the conviction and sentence at the time of imprisonment 38. The purpose of the decree on probation shall be to A. provide an opportunity for the reformation of a penitent offender B. prevent the commission of offenses C. promote the correction and rehabilitation of an offender by providing him with individualized treatment D. All of these 39. The court is mandated to resolve the petition for probation not later than – A. 3 days after receipt of the investigation report B. 5 days after receipt of the investigation report C. 15 days after receipt of the investigation report D. 60 days after receipt of the petition for probation 40. The adult Probation Law has its purposes. Which of the following is not one of such purposes? 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. C. Prevent the institutional treatment of the offender D. prevent the commission of offenses 41. The BPP may recommend to the President the grant of executive clemency to a prisoner when the following extraordinary circumstances are present, except: A. Inmate who is 70 years old and above who have served at least 5 years of their sentence. B. When inmate is suffering from severe physical disability C. When inmate is suffering from serious illness D. Such other circumstances when best interest of justice will be served thereby. 42. It is the authority of the President of the Philippines to suspend the execution of a penalty, reduce the sentence and extinguish criminal liability. A. Parole B. Executive clemency C. Pardon D. President’s clemency 43. The act of grace from a sovereign power inherent in the state which exempts an individual from the punishment which the law imposes or prescribes for his crime, extended by the President thru the recommendation of the Board of Parole and Pardon is called A. Amnesty B. Parole C. Pardon D. Probation 44. Parole and Probation Administration is under the direction of the A. Department of Finance B. Department of Justice C. Department of Interior and Local Government D. BJMP 45. The substantive law on Philippine probation took effect on A. January 3, 1978 B. July 24, 1976 C. January 1, 1937 D. January 1, 1932 46. They assist probation and parole officers in the supervision of probationers. A. Volunteer probation aide’s B. Volunteer probation officers C. Volunteer workers D. Volunteer community workers 47. Which of the following are qualified to avail probation? A. Those sentence more than 6 years B. Those contempt by the judge C. Those sentence by the court for not exceeding 6 years D. None of these 48. 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 49. The kind of pardon under which the convict is required to comply with certain requirements is referred to as the A. Conditional pardon B. Amnesty C. Probation D. Parole 50. One who investigates for the court a referral for probation or supervises a probationer or both A. Police officer B. Probationer officer C. Intelligence officer D. Law enforcer 51. Post sentence investigation report must be submitted by the probation officer to the court within A. 20 days B. 30 days C. 60 days D. 90 days 52. The act of the president changing and reducing a heavier penalty sentence or longer term into a shorter term is known as the A. Commutation B. Pardon C. Amnesty D. Probation 53. Parole in the Philippine is governed by the A. determinate sentence law B. Indeterminate sentence law C. Board of pardon and parole D. Parole and probation administration 54. In amnesty which of the following is not true? A. It usually addressed to the crimes against the national sovereignty of the state B. It is usually granted to classes or even community of person C. In amnesty, there may or not be distinct acts of acceptance D. None of these 55. After release, from jail or prison, when does a parolee present himself to the Parole and Probation Officer? A. At least one month from release. B. Within 3 weeks from release C. At least 3 weeks from release D. Within the period prescribed in the Release Document 56. Arnold having sexual intercourse with Monica a 14 year old virgin. Arnold committed the crime of simple seduction, Is Arnold eligible to apply for parole? A. No, because the penalty is not more than 6 years B. No, because the crime committed is a crime against chastity C. Yes, because Arnold already served the minimum of his sentence D. Yes, If the minimum sentence is accompanied by good behavior 57. If you were convicted of a crime for a penalty of not greater than six years, where are you going to apply your petition for the grant of Probation? A. The Probation and Parole Board B. The Court that decided your case where conviction is the judgment C. In the Court of Appeal D. To the Office of the President of the Republic of the Philippines 58. Juliana was convicted of the crime homicide where she was sentenced to a penalty of Reclusion Temporal. She appealed the case to the higher court, while the appeal is pending; she filed a petition for parole. Which of the following statement is correct? A. Her petition must be acted upon because the penalty does not exceed 20 years B. Her petition must be denied on the ground of pending appeal C. Her petition must be acted upon because the sentence is not yet final D. It depends upon the Board whether to grant or deny the petition 59. What is considered as the forerunner of modern penology because it had all the elements of a modern correctional system like a training school type that emphasized on compulsion education, case work method, and extensive use of parole based on indeterminate sentence? A. Zebulon Brockway System B. Borstal Institution C. Lease System D. Elmira Reformatory 60. An investigation conducted by a probation agency or other designated authority at the request of a court into the past behavior, family circumstances, and personality of an adult who has been convicted of a crime, to assist the court in determining the most appropriate sentence. A. Post Sentence Investigation B. Pre-Sentence Investigation C. Probation Officer Investigation D. None of the above 61. For how many days shall the Judge of the court who issued an order for the conduct of Post Sentence investigation to resolve and decide on the issue of whether or not to grant probation applied for by the petitioner? A. 10 days from the receipt of the PSIR B. 15 days from the receipt of the PSIR C. 20 days from the receipt of the PSIR D. 30 days from the receipt of the PSIR 62. If you have appealed your case to the Court of Appeal and filed your petition for the grant of probation, what will happen to the case that you have appealed before the second level of courts? A. The CA may continue the review of the case pending on appeal B. The appeal is considered withdrawn automatically C. The CA may find solution to the case in relation to the case appealed therein D. None of the above 63. Juan Dela Cruz after promulgation of his case by the Regional trial Court was meted with a penalty of 5 years and one day to six years of imprisonment who within 15 days from the date of promulgation filed his appeal with the court of appeal for not satisfied with the judgment of the lower court. Can he be granted probation once he applied? A. No because the decision of the RTC is not final and executory. B. No because he filed for an appeal C. No because he doesn’t waived his right for an appeal D. Yes because he met the qualification to apply for probation. 64. On January 1, 2013 the Regional Trial Court Branch 12 of Zamboanga City sentenced and penalized Juan Dela Cruz to a maximum period of six years for the offense committed. Right then and there, Mr. Mata Linaw, a Probation Officer received an order from the court for the conduct of Post Sentence Investigation. For how many days shall the latter be given a prescribed period to submit his findings? A. 15 Days from the receipt of the order of the court B. 20 Days from the receipt of the order of the court C. 30 days from the receipt of the order of the court D. 60 Days from receipt of the order of the court 65. On the basis of the findings of the investigation conducted by the Probation Officer, the Judge will not grant probation on the following circumstances, except: A. The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. B. There is undue risk that during the period of probation the offender will commit another crime. C. Probation will depreciate the seriousness of the offense. D. No Exception 66. Otherwise known as “The Adult Probation Law of 1976 was drafted and authored by TEODULO C. NATIVIDAD together with his committee composed of the Five (5) Pillars of the Criminal Justice System. It was signed into law on July 24, 1976 by then President Ferdinand E. Marcos. A. Presidential Decree 968 B. Presidential Decree 698 C. Presidential Decree 986 D. Presidential Decree 896 67. Philippine Legislature enacted the Probation Act (Act No. 4221) creating a Probation Officer under the Department of Justice lead by Chief Probation Officer appointed by the American Governor-General with the advice and consent of the US Senate. A. August 7, 1935 B. August 7, 1976 C. August 8, 1935 D. August 8, 1976 68. Probation was first legally established in the __________, but to trace its origins to earlier schemes for humanizing criminal justice under the common law of England. These procedures were brought over with the law and customs of England and were adopted by the colonists who settled the eastern shores of United States. A. England B. Europe C. Asia D. United States 69. This aims to assist the court in determining whether or not the ends of justice and the best interest of the public as well as the petitioner will be served by the grant or denial of probation. A. Post Sentence Investigation Report B. Pre-Sentence Investigation Report C. Report of the Probation Officer D. All of the above 70. What if on the situation mentioned on the number one, the subject decided to file an appeal in Court of Appeal. Is he qualified for the grant of Probation? A. No because the subject did never waived his right for an appeal. B. No because he is not satisfied of the decision of the lower court not favorable in his merit C. Not qualified at all D. Yes probation can be granted as the penalty imposed is six years and less 71. Absolute and conditional pardon of the President is considered as A. Public act for he exercised the sovereignty of the state B. Public act because the President is a public officer C. Private act which must be pleaded and proved by the person pardoned because the courts do not take judicial notice of it. D. Both items A and B only 72. Can a person who has already served his/her prison term be extended pardon? A. No, because pardon will serve no purpose at all B. No, because the prison term has already been served C. No, because the pardon is designed to remove the principal penalties D. None of these 73. Except one, the following are some of the limitations of pardoning power A. Pardon will not restore office forfeited B. Pardon will not absolve the pardonee to pay his civil liability C. Pardon cannot be extended to a person convicted of legislative contempt D. Pardon may be granted after the judgment become final 74. Is violation of conditional pardon a substantive offense? A. Yes, because the offender commits a disturbance of public order B. Yes, he is violating the condition of conditional pardon C. No, because such violation does not constitute a disturbance of peace and does not breach the peace of society D. No, because the violation is given as an additional penalty 75. The BPP may consider petition for absolute pardon even before the grant official release and discharge in any of the following: A. Petitioner is emigrating. B. Petitioner is seeking re-instatement in the government service. C. Petitioner is going to be appointed in a private placement work. D. Petitioner is preparing for his final examination. 76. The following are legal effects of pardon, except one: A. Criminal liability are extinguished B. Civil liability is also extinguished C. Restore the convict’s civil or political rights as provided D. All of the foregoing 77. The following are limitations on the pardoning power of the President, except one: A. On impeachment case B. No favorable recommendation from the COMELEC on election offenses C. When the judgment is not yet final D. The power of the President to grant pardon is absolute 78. Where the pardon is conditional, the offender has A. No right to reject the same B. The right to reject the same since he may feel that the condition/s imposed is/are more onerous than the penalty sought to be remitted C. Both items A and B D. No right to reject the same because the President exercises his sovereign power where no one can refuse 79. An inmate maybe granted parole if he A. Earned good conduct time allowance credit B. Serve minimum sentence C. Earned good behavior while serving prison term D. All of these 80. A probationer and parolee have this in common, except: A. Both committed crimes B. Both have been sentenced by the court C. Both are persons D. Both have not served their sentence 81. Both Probation and Parole is a community based correction. A. Both are a matter of right B. Both are a matter of privilege C. Only Parole is a matter of right D. Only Probation is a matter of privilege 82. Purpose of commutation, EXCEPT A. to save the life of person sentenced to death B. to extend a parole incases where the parole law does not apply C. to break the rigidity of the law D. None of these 83. What is the action of the court in case a probationer violated the condition of his probation order? A. Court orders the release of the probationer to the community. B. Court directs probationer to re-apply for probation C. Court revokes probation and probationer serves original sentence imposed by court. D. Court punishes the probationer 84. The main difference between probationer and parolee is that A. The former has not served any part of his sentence. B. The latter has not served any part of his sentence. C. The former has partly served sentence. D. The latter has undergone post- sentence 85. The purpose of the decree on probation shall be to A. Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence. B. Prevent the commission of offenses C. Promote the correction and rehabilitation of an offender by providing him with individualized treatment D. Choices a b c are correct 86. What document is issued to a parolee when the maximum period of his prison term has expired? A. Certificate of final release B. Certificate of final discharge C. Certificate of final release and discharge D. Certificate of prison term completion 87. Which agency performs the evaluation of prisoner’s fitness and qualifications for the grant of pardon or parole? A. Punishment, confinement retribution, treatment B. Retribution, Deterrence, incapacitation, rehabilitation C. Deterrence, retribution, punishment treatment D. None of the above 88. Which from among the following that distinguish probation from parole? A. The former is a matter of privilege while the latter is a matter of right. B. The latter is a matter of right while the former is a matter of privilege. C. One requires service of sentence D. No visible distinction as they are all a matter of privilege and no a right. 89. Within how many days, from release, should the parolee present himself to the PPO for supervision? A. Within 30 days B. Within the period prescribed in the FRD C. Within 45 days D. Within the period prescribed in the Release Document 90. Why is the sentence in the Indeterminate Sentence Law called Indeterminate? A. Because the convict will be sentenced to a minimum and maximum penalty B. Because the sentence to be imposed can only be determined by the court C. Because the convict will not serve the maximum penalty imposed D. Because it cannot be determined as to how long the convict will serve sentence because after serving the minimum, he may be released on parole 91. Can a person convicted of a crime charged against him for less than six years of imprisonment be denied for the grant of probation? A. No because Presidential Decree 968 provides this right to the convict whose sentence is below six years B. No because probation is a matter of right C. Yes because probation is only a matter of right D. Yes because probation is only a matter of privilege 92. During what particular date that a Probation Officer may conduct a Post Sentence Investigation? A. Immediately upon receipt of the order of the court B. Immediately upon promulgation of the case C. Immediately upon his knowledge on the conviction of the person charged before the court D. Immediately upon the person charged was sentence by the court of imprisonment of not more than six years 93. In deciding whether an offender should be sentenced to probation, a judge considers the following, EXCEPT: A. Statute recommendations B. Structured sentencing guidelines C. Recommendations from the prosecuting and defense attorneys D. No exception 94. In determining whether an offender may be placed on probation, the court shall consider all information relative to the following except: A. Character antecedents B. Environment, mental and physical condition of the offender C. Other available institutional & community resources. D. No exception 95. One of the purposes of Adult Probation is to: A. Prevent the commission of crimes. B. Place the offender outside police power of the state C. Foster closer relationship between the offender and the judge who promulgated the Probation Order. D. Create a probation office. 96. Probation is not co-terminus with its period because: A. The court may order final discharge of the probationer upon consideration of the summary report of the probation officer. B. The court will order final discharge of the probationer upon application of the probation. C. The court will discharge probationer taking into consideration the good behavior of the probationer. D. The court will order final discharge of the probationer upon consideration of the final report of the Probation officer. 97. Probation may be granted even if the sentence imposed is fine only. A. True B. False C. True only if the judgment provides subsidiary imprisonment D. False, it is only applicable for the penalty of imprisonment 98. Since probation is a matter of privilege, all convicted person whose sentence is not more than six years is qualified to avail the probation. A. Yes unless their sentence is not more than six years B. No because only convicted person can apply this C. Yes provided that he is capable to pay his liability D. Yes, not unless if they are not qualified 99. The conviction and sentence clause of the statutory definition of probation clearly signifies that probation affects: A. Only the criminal aspect of the case B. Only the civil aspect of the case C. Both criminal and civil D. Both criminal and civil including subsidiary penalty 100. The court may grant probation after the PSI report. PSI means? A. Prison Sentence Information B. Personal survey Information C. Post Service Investigation E. Post Sentence Investigation
DIFFICULT – RED QUESTIONS
1. Which of the following is a ground for disqualifying a convicted offender in applying for probation; A. Prisoners who are 65 years and above and who have served at least 3 years of their prison sentence but in no case shall they exceed 70 years old. B. Prisoners who are invalids or afflicted with incurable or dangerous or serious diseases. C. Prisoners who are medically diagnosed as having at least 2 years of mental abnormality (having been confined in the psychiatric ward of the prison hospital for at least 2 years.) D. Prisoners who have served at least one third of their prison sentence. • 2. The following prisoners are eligible for pardon and may apply for the same (through the Director of Corrections and the Board of Pardons and Parole) to the President of the Philippines, except one; • A. Prisoners who are 65 years and above and who have served at least 3 years of their prison sentence but in no case shall they exceed 70 years old. • B. Prisoners who are invalids or afflicted with incurable or dangerous or serious diseases. • C. Prisoners who are medically diagnosed as having at least 2 years of mental abnormality (having been confined in the psychiatric ward of the prison hospital for at least 2 years.) • D. Prisoners who have served at least one third of their prison sentence. 3. Mr. A was convicted by a court and meted a sentence of 3 years imprisonment. Which of the following Mr. A must undertake in order that his intention for probation is entertained? A. The application be filed with the trial court B. Apply an appeal to modify the decision of final judgment C. Apply for probation with the period of perfecting an appeal D. Petition congress for amnesty 4. One of the purposes of Adult Probation Law is to: A. Place the offender outside the police power of the state B. Coordinate the workings of the agencies of the criminal justice system C. Foster closer relationship between the offender and the judge who promulgated the probation order D. Promote the correction and rehabilitation of an offender by providing him with personalized, community based program 5. Henry was convicted to a prison term of prision correctional. Will he qualify for probation? A. No, his sentence is six (6) years and one (1) day B. Yes, his sentence is three (3) years and one (1) day C. No, his sentence is more than six (6) years and one (1) day D. Yes, his sentence is less than six (6) years and one (1) day 6. Immediately upon the issuance of a probation order by the court to the probationer, who among the following is responsible to inform the probationer the consequences of such order and explain to him that failure to comply the conditions, he shall serve the penalty imposed? A. Judge of the Trial Court B. Director of Prison C. Probation Administrator D. Probation Officer 7. A convict whose application for probation has been granted but fails to report to the proper probation officer within 72 hours upon receipt of notice or a probationer whose whereabouts cannot be determined for more than a month: A. absconding probationer B. wanted person C. fugitive from justice D. absconding petitioner
8. Which of the statement is TRUE?
A. It is not mandatory for the parolee to comply with the terms and conditions appearing in the release document. B. Outside travel for a cumulative duration of more than thirty (30) days within a period of one (1) year shall be considered transfer of residence C. A parolee may be authorized by the Parole and Probation Officer to travel outside his operational jurisdiction for a period of more than thirty (30) days. D. A parolee cannot transfer to a residence other than that indicated in the release Document without the prior written approval of the Board of Pardon and Parole 9. What is the action of the court in case a probationer violated his/her probation conditions? A. Court revokes probation and probationer goes to prison B. Court directs probationer to re-apply for probation C. Court releases the probationer to the community D. Court orders the continuation of probation 10. The probation officer shall submit to the court the post sentence investigation report A. Not later than 60 days after the conviction of the petitioner B. Not later than 60 days from the order of the court to conduct investigation C. Not later than 60 days from receipt of the order of the court to conduct investigation D. Within 15 days from the order of the court to conduct investigation 11. Mr. “Rusiana” was sentenced to serve a maximum sentence of not more than six (6) years. He filed petition for probation, but his petition will not be considered if: A. He was convicted of subversion B. He was previously convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or fine of not less than PhP200.00 C. He was previously granted probation D. He was previously granted parole. 12. This is submitted by the PPO concerned to the Board thru the Technical Services of the PPA, not later than 15 working days regarding the date the parolee reported for supervision. A. Arrival report B. Final report C. Summary report D. Briefing report 13. Mr. “P” was previously convicted to a sentence of 15 days. He served imprisonment for this conviction. After several years he was sentenced to suffer imprisonment of 0-6-1 after committing another crime. Can he file petition for probation for his present conviction, despite of his previous conviction? A. Yes, because his present conviction is not more than 6 years. B. Yes, because his previous conviction is less than one month and one day C. No, because his previous conviction would disqualify him to avail of probation D. No, because probation is only once. 14. In determining the fitness of a prisoner for release on conditional pardon, the following points shall be considered as guides, except: A. The political, organizational or religious affiliation of the prisoner should be disregarded. B. Due regard should be given the attitude of the people in the community from which he was sentenced. C. The background of the prisoner before he was committed to prison – social, economic. D. Financial capacity of the prisoner. 15. Pardon granted by the Chief Executive A. Extinguishes criminal liability of offender B. Does not extinguish civil liability of offender C. Must be given After the prosecution of the offense D. All of the above 16. The power of the chief Executive to grant pardon is limited to the following, except: A. Pardon cannot be extended to cases of impeachment. B. No pardon, parole or suspension of sentence for the violation of any election law may be granted without favorable recommendation of the Commission of Elections. C. Pardon is exercised only after conviction D. Pardon is administered by the court 17. Which of the following is incorrect? A. A Progress Report is submitted to the BPP when a parolee has committed another crime and case is not yet decided by the court. B. A Violation Report is submitted to the BPP when parole violates other conditions appearing in his release document. C. Infraction report is submitted to the BPP where parolee is subsequently convicted of another crime. D. Upon receipt of a Summary Report, the BPP may issue an order of arrest and recommitment. 18. Which of the following statement is true? A. A parolee who is recommitted to prison by the Board shall be made to serve the remaining unexpired portion of the maximum sentence. B. A parolee may be authorized by the Parole and Probation Officer to travel outside of his operational jurisdiction for a period of more than 60 days. C. It is mandatory for the parolee to comply with the terms and condition appearing in the Release Document. D. The parolee can transfer to a residence other than that indicated in the Release Document without the prior written approval of the Regional Director subject to confirmation of DBB. 19. Mr. “YANNY” was sentenced to a prison term of Arresto mayor. Will he qualify for probation? A. No, his sentence is six years and one day. B. Yes, his sentence is less than six years and one day. C. Yes, his sentence is one month and one day to six months. D. No, his sentence is more than six years and one day. 20. Mr. “XENY” was convicted to suffer imprisonment of prision correctional. Can the offender file petition for probation? A. Yes, because his sentence is less than six (6) years. B. Yes, because there was a PSIR C. Yes, because his sentence is from 0-6-1 to 6-0-0. D. Yes because he was convicted. 21. The following are considered as discretionary conditions of probation except A. Drinking intoxicated liquor to excess B. Abstain from visiting house of ill repute C. Meet his family responsibilities D. Cooperate with the program of probation 22. The purpose of the decree on probation shall be to: A. Provide an opportunity for the reformation of a penitent offender, which might be less probable if he were to serve a prison sentence; prevent the commission of offenders; promote the correction and rehabilitation of an offender by providing him with individualized treatment. B. Provide an opportunity for the penitent offender to be more careful of his actions. C. Makes the offender more susceptible to commit further crimes if not being isolated due to the act performed by him to which he is bound to answer for the satisfaction of the society, D. All of the above 23. One of the following is not an administrative function exercised by the executive branch of the government. A. Probation B. Pardon C. Parole D. Amnesty 24. This means that, “if the defendant successfully completes probation, the criminal conviction will not be place on his record.” A. Suspended sentence B. Relayed sentence C. Delayed sentence D. Deferred sentence 25. What is the country, whose early schemes for humanizing the criminal justice under its common law, originated probation? A. England B. United States C. Greece D. France
Passing the Uniform Bar Exam: Outlines and Cases to Help You Pass the Bar in New York and Twenty-Three Other States: Professional Examination Success Guides, #1