Correctional Administration

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Correctional Administration

PART I- MULTIPLE CHOICE

DIRECTION: Each question below contains for suggested response to each question by encircling the letter
on the answer sheet.

1. The P.D 968 otherwise known as the adult probation law of 1976 was signed by the President Ferdinand E.
Marcos on?
a. July 24, 1976 b. July 24, 1978
c. July 23, 1976 d. July 23, 1978

2. The Adult Probation law of 1976 took effect on?


a. July 24, 1976 b. Jan. 3, 1978
c. Jan. 2, 1978 d. July 23, 1978

3. The Probation Administration is under the?


a. Department of Justice b. Department of National Defense
c. Department of Correction d. Department of Social Welfare

4. Who is considered as the “father” of Probation in England?


a. John Augustus b. Mathew Davenport Hill
c. Ceasare Lombroso d. Augustus Davenport Hill

5. The enactment of the first Probation law occurred in?


a. England b. Massachusetts c. Philippines d. Japan

6. Who is considered as the “father” of Probation in the Philippines?


a. Ramon Bagatsing b. Ferdinand E Marcos
c. Teodolo C. Natividad d. Jose De Vera

7. An act of grace which exempts the individual on whom it is bestowed from the punishment which the law
inflicts for the crime he has committed?
a. Pardon b. Parole c. Probation d. Amnesty

8. The pain, suffering, deprivation or loss ordered upon a convicted offender by a judge or court for the
purposes of protecting society and of the reformation of the individual is called?
a. punishment b. amnesty c. probation d. deterrence

9. An act or omission by human beings forbidden by law and punishable upon conviction by fine or
imprisonment is called?
a. crime b. criminal c. criminology d. punishment

10. An adult penal institution used for the detention of law violators is the?
a. prison b. Alcatraz c. jail d. correctional institution

11. It is a conditional release after the prisoner has served part of his sentenced in prison?
a. pardon b. parole c. probation d. amnesty

12. It is the institution for the confinement of sentenced prisoners serving imprisonment of more than three
years?
a. jail b. prison
c. rehabilitation center d. correctional institution

13. An act of clemency by which an executive act changes a heavier sentence to a less serious or long term to
a shorter term is?
a. amnesty b. reprieve c. commutation d. pardon

14. A general pardon extended to groups of persons are generally exercised by executive clemency with the
concurrence of congress is called?
a. amnesty b. pardon c. parole d. probation

15. A security facility for the temporary detention of persons held for investigation or awaiting preliminary
hearing is?
a. ordinary house b. lock-up
c. work house d. work furlough

16. The pre-parole investigation and supervision is being undertaken by the?


a. Sandiganbayan b. Parole and Probation Administration
c. Regional Trial Court d. Board of Parole and Pardon

17. Which of the following crimes entitles a convicted offender on probation?


a. rape b. treason c. murder d. homicide thru reckless imprudence

18. To be qualified for probation, the maximum term of imprisonment should be?
a. less than 6 years b. 6 years c. 6 years and 1 day d. 2 years
19. What do you call a person placed in probation?
a. parole b. probationer c. pardonee d. petitioner

20. Person who examines the prisoner and prepares an abstract of his findings is a?
a. psychologist b. psychiatrist c. warden d. criminologist

21. From receipt of the court referral, the Post Sentence Investigation Report is submitted by the probation
officer within?
a. 15 days b. 60 days c. 90 days d. 45 days

22. A specialized diagnostic institution designed to service a big correctional system is called?
a. reception and diagnostic center b. rehabilitation center
c. correctional center d. medical center

23. The United States practiced the probation in Boston under the tutelage of?
a. John Augustus b. John Agustus
c. June Augustus d. John Augustus

24. The latest justification of punishment, which under this theory, society can best be protected from crime if
the purpose of imprisonment is to reform or rehabilitate the prisoner is called?
a. deterrence b. retribution c. reformation d. probation

25. What specific penal colony where a privilege is granted to colonist to have their families transported to the
colony at the government expense and to live with them in the colonist village?
a. Davao Penal Colony b. Iwahig penal Colony
c. Sablayan Penal Colony d. San Ramon Penal Farm

26. It was used in England and in the United States of America in the 19 th century to release the offenders on
promise of good behavior is called?
a. Bail b. Recognizance c. Parole d. Probation

27. A reorientation or reinstruction of the individual with a view to preventing a repetition of the deviation
without the necessity of taking punitive action is defined as?
a. Punishment b. Correction c. Recognizance d. Imprisonment

28. The theory based on free will, rationalism, and hedonism is called?
a. Freudian b. Positivistic c. Classical d. Neo-Classical

29. Who are the prisoners who maybe allowed to work outside the fence of the institution under guard escorts?
a. Super Security Prisoners b. Maximum Security Prisoners
c. Medium Security Prisoners d. Minimum Security Prisoners

30. A method by which diagnosis, treatment planning, and execution of treatment programs are coordinated in
the individual case is called?
a. Diversification b. Classification
c. Rehabilitation d. Reception

PART II- ENUMERATION/ESSAY

31-33. Give at least three (3) ancient or earliest forms of punishment.


34-38. What are the most common justification of punishment?
39-44. Enumerate the three purposes of probation law?
45-54. Who are the disqualified offenders under the probation Law of 1976? (2 points each).
55-62. Give at least four conditions of probation, (2 pts. each).
63-67. How is criminal liability extinguished partially?
68-70. Define Probation?
71-73. Who is a youth offender?
74-75. What are the powers and functions of the Bureau of Jail Management and Penology?
76-80. In what manner may a prisoner be released from prison?
81-94. Give the duration and effect of penalties. (2 pts. each ).
95-100. Nicasio is a bonfide resident of Fairview Quezon City. He is presently working at Metro Bank located
at Ayala Ave. Rizal. On his way home he bumped a woman crossing the EDSA Ave. along the SM Mega mall
in Pasig Metro Manila. As a consequence of which she died. Nicasio was charged and convicted for the crime
of homicide through reckless imprudence with a penalty of four (4) years and one (1) day to six (6) years
prison correctional, and to indemnify the heirs of the victims with the amount of thirty thousand (30,000)
pesos.

a. Can he avail of Probation? Give reasons.


b. Since the Probation Officer of the Pasig Parole and Probation Office conducted the post sentence
investigation report, who is responsible to under take the supervision?

PART III- Encircle the letter to which you think is the best answer. There is only one
right answer for each question?

1. The father of Philippine probation?


a. Cong. Teodolo Natividad b. Cong Ramon Bagatsing
2. The probation officer is required by law to submit the PSIR within?
a. 90 days b. 60 days c.102 days

3. Under rules, methods, procedures of probation, the regularly period for which the convicted offender may
apply for probation after conviction?
a. 25 days b. 15 days c. 30 days

4. When the defendant appeal his case and the appeal is perfected one of the P.D.'… will qualify him for
probation?
a. P.D 968 b. P.D 1990 c. P.D 1257

5. The alternative for jail confinement in modern penology is?


a. Parole b. Probation c. Pardon

6. Under rules, methods, and procedures of the probation minor violation of probationer is amount for
revocation of modification of probation conditions?
a. 5 violations b. 3 violations c. 4 violations

7. In the Philippine Probation, we follow the?


a. Multiple concept of probation
b. Single concept of probation
c. Dual concept of probation

8. Under the law on probation: supervision starts?


a. When probationer reports to the probation officer
b. Within 72 hours
c. after the issuance of court order granting probation

9. Under rules, methods, and procedures of probation supervision starts?


a. When probationer reports to the probation officer
b. within 72 hours
c. upon order of the court granting probation
d. upon initial interview of the petitioner

10. Probation is a matter of privilege. It becomes a matter of right when?


a. After the PSIR is submitted to court
b. When his probation is approved
c. When he files his petition for probation

11. Probation cannot be granted or denied by the court on the following ground?
a. Without the PSIR of the probation officer
b. at the discretion of the court
c. because it is the matter of privilege
12. The substantial provision of probation law took effect?
a. July 24, 1976 b. January 3, 1978 c. December 1, 1977

13. The merging of supervision of parole and probation mandated by?


a. E.D 292 b. P.D 968 c. P.D 603

14. The need for volunteer probation aide is based on?


a. Probation officers are overloaded with case
b. more citizen participation and better understanding
c. All of the above

15. In an interview, the following are involved:


a. Probation officer and the petitioner
b. P.O., petitioner, and petitioners wife
c. P.O., petitioner and guarantor

16. In an interview the P.O. must do the following


a. establishes a friendly relationship
b. be autocratic
c. control the interview situation

17. Involve the release of an offender after conviction but without imprisonment?
a. probation b. parole c. pardon

18. The continuing relationship between probation and probationer and is known?
a. pre-sentence investigation b. supervision c. orientation

19. The primary purpose of probation is?


a. welfare of the community b. rehabilitation c. retribution

20. Upon receipt of the probation officers investigation report, the court shall resolve the petition not later
than?
a. 60 days b. 30 days c. 15 days
21. It provide an opportunity for the penitent offender to reform which might be less probable if he were to
serve a prison sentence
a. parole b. probation c. amnesty

22. In 1913 a U.S. Loan in Wisconsin developed a unique plan of probation permitting prisoner not dangerous
to society gainfully employed during the day while residing in jail
a. Huber law b. Harbard law c. Tyding McDuffie Law

23. Supervision starts by virtue of the rules, probation method and procedure at
a. initial interview of petitioner b. upon receipt of the probation order
c. upon application for probation

24. In courtesy supervision, termination of probation can be recommended by


a. probation office where he came from
b. probation office supervising the probationer
c. executive judge having jurisdiction over supervising probation office

25. In 1889 and 1891 unique probation method was introduced in France and Belgium which provide the
supervision on the condition that no further offense was committed within a prescribed period, known as?
a. sursis b. split sentence law c. Furlough

26. Probation officer shall notify all police agencies by sending a note that probationer is under his supervision
is called
a. flat sheet b. Kardex card c. chronic cards or drum

27. Travel of probationer outside the jurisdiction of the city/provincial probation office shall be approved by
the court
a. more than 30 days b. 30 days c. 15 days

28. Request for outside travel shall be filed by a probationer with the probation office prior to the date of his
intended departure
a. 5 days b. 15 days c. 25 days

29. An act of omission on the part of probationer is known as


a. violation of probation
b. deviation from good behavior
c. ignorance of the law

30. Parolee and conditional Pardonee supervision is transferred to the probation administration Plea and Pd
can be terminated
a. by board of pardon and parolee
b. by probation administration
c. Executive Judge of the city/provincial probation office

31. Probation Act No. 4221 enacted by the Phil. Legislature Aug. 7, 1935 was declared unconstitutional by the
Supreme Court on the following reasons?
a. Undue delegation of legislative power
b. The unequal protection of the law

32. What are the advantages of probation against Imprisonment?


a. Man is spared the stigma of imprisonment
b. Offender can continue to work in his place of employment
c. Family ties remain intact
d. Less expensive, only one tenth of imprisonment
e. Man is still a taxpayer and not a tax eater
f. Will greatly relieve prison congestion
g. Escape the contaminating influence of hardened or veteran criminals

33. The most important subdivision of probation service are;


a. Investigation b. Supervision
34. The following civil rights are lost upon convicting of the defendant and become a probationer?
a. Right to vote b. Right to hold public office
c. Right to enter into public contract

35. The purpose of interviewing the probationer of defendant is to gather information about the person?
a. His background, his outlook, his plans for the future, things that motivate his behavior, and the
problems that besets him
b. To know his symptoms and established the nature and extent of his anti-social behavior
c. To determine how the defendant will respond to supervision

PART IV- THE BENIFITS OF PROBATION

1. Probation protects society?


a. From excessive costs of detention. Probation is one tenth the costs of detention.
b. From the high rate of recidivism of detained offenders.

2. Probation protects the victim?


a. It provides restitution b. It preserve justice

3. Probation protects the family?


a. It does not deprive the wife and children of husband and father
b. It maintains the unit of the home

4. Probation assists the government?


a. It reduces the population of prisons and jails
b. It lessens the load of prosecutors
c. It sustains law enforcement.

5. Probation helps the offender?


a. It maintains his earning power
b. It provides rehabilitation in the community
c. It restores his dignity

6. Probation justifies the philosophy of man?


a. That life is sacred
b. That all men deserve a second chance in life
c. That an individual can change
d. That society has the moral obligation to lift the fallen

7. Probation restores to successful probationer all his civil rights?

8. Probation is advocated by the United Nations as it confers with modern trends in penology?

9. When probation is granted, what are the mandatory conditions imposed by the court?
a. Present himself to the Probation office within 72 hours
b. Report to his P. C; at least once a month
c. Not to commit other offense
d. Comply other conditions imposed by the court

10. Name the five pillars of criminal justice?


a. Law enforcement
b. The Prosecution Arm
c. Judiciary
d. The Correction
e. The Community

11. The purpose of interviewing the petitioner, are the following:


a. Fact finding
b. Establish the diagnosis
c. Determining favorable response to probation supervision

12. Guiding principles of the Probation officer in dealing with probationers?


a. Acceptance
b. Individualization
c. Communication
d. Self-awareness
e. Controlled emotional involvement
f. Participation
13. The forerunners of Probation are :
a. Benefit of clergy c. Recognizance
b. Judicial Reprieve d. Transportation or Banishment
e. emerge of probation

PART V- TRUE OR FALSE

1. The pre-sentence investigation report is not a part of the court record?


a. True b. False c. Neither

2. With regard to the pre-sentence investigation report, the Probation Officer is never cross examined on the
contents of the report?
a. True b. False c. Neither

3. In the Philippines, the probation administration is using the pre-sentence investigation report?
a. True b. False c. Neither
4. The probation officer imposes the conditions for the probationer to follow?
a. True b. False c. Neither

5. If the sentence is one year or less, the probation period can be four years?
a. True b. False c. Neither

6. The defendant is probation able even if he has served his sentence in jail of his one month and one day
sentence?
a. True b. False c. Neither

7. Probation is still applicable at anytime before imprisonment starts?


a. True b. False c. Neither

8. We have juvenile probation in the Philippines?


a. True b. False c. Neither

9. The Philippines have the same probation system with that of United States?
a. True b. False c. Neither

10. Probation can be granted on civil and criminal cases?


a. True b. False c. Neither

11. A probationer can exercise his rights to vote during national and local election?
a. True b. False c. Neither

12. The community has a major role in the rehabilitation of the offender?
a. True b. False c. Neither

13. The probation officer act as resource manager broker of services as well as counselor?
a. True b. False c. Neither

14. The defendant is a probationer at the time he applies for probation?


a. True b. False c. Neither

15. The probation officer is directly in-charge of probation aide and can initiate suspension or discontinuance
for cause, but it is the probation administrator who makes the final decision
a. true b. false c. neither

16. In interviewing a petitioner leading questions can be used to facilitate answers.


a. true b. false c. neither

17. In an interviewing the worksheet is the guide to determine the discrepancies between information received
a. true b. false c. neither

18. In the supervision of pardonee and parolee, the probation officer should only states whether the parols
conditions is complied or violated no recommendation for termination or revocation
a. true b. false c. neither

19. The maximum period for parolee/pardonee if not expressly stated in the conditions shall be 5 years
a. true b. false c. neither
20. The civil liability of the probationer stipulated in the conditions is a hindrance in termination period even if
he is insolvent
a. true b. false c. neither

ADDITIONAL REVIEW QUESTIONS

1. Which of the following does not belong to the key event which characterizes the manner of occurrence of a
motor vehicle accident
a. hazardous condition of the road b. running of road
c. non-collision on the road d. collision on the road

2. A combination of simultaneous and sequential circumstances without anyone of the accident could not have
happened
a. key event b. cause c. result d. chain reaction

3. Traffic accident investigation is chiefly concerned with accidents which involves one or both of the two
elements namely
a. motor vehicle and traffic way b. victim and traffic way
c. motor vehicle and victim d. victim and traffic unit

4. What is particularly useful in trying to discover what the driver or pedestrian did or should have done, but did
not do to avoid the accident or make it less serious
a. perception point b. point of impact
c. point of possible perception d. point of maximum engagement

5. Expert and technical help, speed estimates, accident reconstruction and cause analysis fall under the
investigative step of:
a. getting the facts b. recording facts
b. figuring what happened c. point of maximum enjoyment

PRIMER ON PROBATION AND PAROLE/EXECUTIVE CLEMENCY

PROBATION
1. WHAT IS PROBATION?
Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in
the community instead of actually going to prison, subject to concisions imposed by the court and to the
supervision of a probation officer.

2. WHAT ARE THE OBJECTIVES OF PROBATION?


a. To promote the correction and rehabilitation of an offender by providing him with individualized
treatment under the guidance of a trained probation officer.
b. To prevent the commission of another offense
c. To provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence

3. WHO CAN APPLY FOR PROBATION?


Any sentenced offender, 18 years of age and not above otherwise disqualified. (see. 6 hereunder)
can apply for probation before serving the sentence which may either be imprisonment, or both
imprisonment or fine.

4. WHERE AND WHEN SHALL THE APLICATION FOR PROBATION BE FILED?


The application for probation shall be filed with the court that tried and sentence the offender at
anytime before the imprisonment starts

5. WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?


a. Those who are sentenced to serve a maximum term of imprisonment of more than six years
b. Those who are convicted of any offense against the security of the state
c. Those who have previously availed of probation
d. Those who have been previously convicted of an offense and sentence to imprisonment of more than
(30) days or a fine of two (200) pesos or more

6. ARE ALL CONVICTED PERSONS WHO ARE NOT DISQUALIFIED ENTITLED TO


PROBATION AUTOMATICALLY?
NO. The court will not grant probation if after the investigation conducted by the probation officer, it finds
that:
a. The offender can be treated better in an institution or other places for correction
b. The offender is a risk to the community; or
c. Probation will depreciate the gravity of the offense

7. WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE IMPOSED BY COURT?


a. The probationer must present himself to his probation officer within seventy two (72) hours;
b. Report to his probation officer in charge of his supervision at least one a month;
c. Not to commit any other offense;
d. Comply with any other conditions imposed by the court.

8. HOW LONG IS THE PERIOD OF PROBATION?


a. Not more than two (2) years if the probationer sentenced to imprisonment of one (1) year or less;
b. Not more than six (6) years if the probationer is sentence to imprisonment of one (1) year or less;
c. Not more than six (6) years if the probationer is sentence to imprisonment of not more than one (1) year.

9. CAN THE OFFENDER BE RELEASED WHILE HIS APPLICATION FOR HIS PROBATION IS
PENDING ?
YES. At the discretion of the court;
a. On the same bond he filed during the trial;
b. On a new bond; or
c. To the custody of a responsible member of the community if unable to file a bond

10. HOW MANY TIMES CAN BE GRANTED PROBATION?


An offender be granted probation only once in his lifetime.

11. WHAT ARE THE ADVANTAGES OF PROBATION?


a. The government spends much less if an offender is released on probation then if he were placed behind
bars;
b. The offender and his family are spared the embarrassment and dishonor of imprisonment;
c. The offender is able to continue working and can therefore, earn income, pay taxes, and pay damages to
the victim.

12. WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF PROBATTION ARE


VIOLATED?
a. The probation officer investigates the alleged violation and if it is established, a report is submitted to the
court. There can be modification of conditions or revocation of probation by the court, depending on the
nature and seriousness of the violation;
b. There is also the possibility of arrest including criminal prosecution of the probationer in the event of
commission of another offense. The revocation proceeding is summary. If the court finds the probationer
guilty of serious violations of the conditions of probation he may ordered to serve the original sentenced
imposed on him.

II. PAROLE
1. WHAT IS PAROLE?
PAROLE refers to the conditional release of an offender from penal or correctional institution after he
has served the minimum period of his prison sentence under the continued custody of the state and under
conditions that permit his reincarceration if he violates a condition of his release.

2. WHAT ARE THE OBJECTIVES OF PAROLE?


The objectives of parole are:
a. To uplift and redeem valuable human material to economic usefulness;
b. To prevent unnecessary and excessive deprivation of personal liberty.

3. WHO IS ELIGEBLE FOR PAROLE?


A prisoner is eligible for the grant of parole unless otherwise disqualified (see NO. 5 hereunder) upon
snowing that he is confined in a jail or prison to serve an indeterminate prison sentence, the maximum
period of which exceeds one (1) year, pursuant to a final judgment of conviction and that he has served the
minimum period of said sentence less the good conduct time allowance earned.

4. WHEN A PRISONER IS GRANTED A “DISCHARGE ON PAROLE”?


A prisoner may be granted a “Discharge on Parole” whenever the Board finds that there is a reasonable
probability that if released, the prisoner will be law-abiding and that his release will not be incompatible
with the interest and welfare of society.

5. WHO WILL ORDER THE RELEASE OF PRISONERS ON PAROLE?


The Board of Pardons and Parole will order the release from confinement of a prisoner granted parole.

6. WHO ARE DIQUALIFIED FOR PAROLE?


The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Reclusion Perpetual (Life Imprisonment)
b. Those convicted of treason, conspiracy or proposal to commit treason;
c. Those convicted of misprision of treason, rebellion, sedition or espionage;
d. Those who are habitual delinquents; i. e. those who within a period of ten years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, Staffa and falsification, are found guilty of said crimes third time or oftener;
e. Those who are escaped from confinement or evaded sentence;
f. Those who were granted conditional pardon and violated any of the terms thereof;
g. Those whose maximum term of imprisonment does not exceed one (1) year or are with a definite
sentence;
h. Those suffering from any mental disorder as certified by a psychiatric report of the Bureau of
Corrections or the National Center for Mental Health;
i. Those whose conviction is on appeal;
j. Those who have a pending criminal case for an offense committed while serving sentence.

7. WHEN AND WHERE SHALL A PRISONER AFTER PELEASE FROM CONFINEMENT,


PRESENT HIMSELF?
Within the period prescribed in his release document, the prisoner shall present himself to the
Parole and Probation Office specified in the release document, under the supervision of a Parole and
Probation Officer so that the former may be guided and assisted towards rehabilitation.

8. WHO WILL REPORT TO THE BOARD OF PARDONS AND PAROLE IF A CLIENT ON


PAROLE COMMITTED ANY INFRACTIONS OF THE TERMS OF PAROLE SUPERVISION?
Any infraction by a client of the terms and conditions appearing in his release document or any
serious deviation or non observance of the obligations set forth in the Parole and Probation Officer to the
Board.

9. WHO WILL ORDER THE ARREST OF THE CLIENT ON PAROLE?


Upon receipt of an infraction report, the Board shall immediately order the arrest of the client on
Parole and shall be made to serve the remaining unexpired portion of the maximum sentence for which he
was originally committed to prison.

10. WHEN MAY PAROLE SUPERVISION BE TERMINATED?


After the expiration of the maximum period of the sentence of a client provided he does not
commit any attraction and the Board, may upon the recommendation of the Parole and Probation Officer,
issue a certificate of final release and discharge to a parole.

III. EXECUTIVE CLEMENCY


1. WHAT IS EXECUTIVE CLEMENCY?
Executive clemency refers to the commutation of sentence, absolute pardon and conditional pardon,
with or without parole conditions, as may be granted by the president of the Philippines upon the
recommendation of the Board of Pardon and Parole.

2. WHAT IS CONDITIONAL PARDON?


Conditional pardon refers to the exemption of an individual within certain limits or conditions, from
the punishment which the law inflicts for the offence he has committed resulting in the partial extinction of
his criminal liability.

3. WHAT IS COMMUTATION OF SENTENCE?


Commutation of sentence refers to the reduction of the duration of a prison sentence.

4. WHAT IS ABSOLUTE PARDON?


Absolute pardon refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition or whatever and restores to the individual his civil rights and emits the penalty
imposed for the particular offense of which he was convicted.

5. WHO IS ELIGILE FOR EXECUTIVE CLEMENCY?


A petitioner is eligible for the grant of executive clemency if he meets the following minimum
condition.
A. For commutation of sentence, the petitioner must have a served at least one third of the minimum of his
indeterminate sentence or the following portions of his prison sentence consisting of reclusion perpetua;
a.1. At least ten (10) years if convicted of robbery with homicide, robbery with rape, or kidnapping with
murder;
a.2. At least eight (8) years if convicted of simple murder, parricide, rape or violation of anti-drug laws;
a.3. At least twelve (12) years if given two or more sentences of reclusion perpetua;
a.4. At least twenty (20) years in case of one death sentence which was automatically commuted to
reclusion perpetua;
a.5. At least twenty five (25) years of two sentences of reclusion perpetua;

B. For conditional pardon, the petitioner must have served at least one half of the minimum of his
indeterminate sentence or the following portions of his prison sentence:
b.1. At least two (2) years of the minimum sentence if convicted of murder, parricide, but not sentence to
reclusion perpetua;
b.2. At least one (1) year of the minimum sentence if convicted of homicide;
b.3. At least nine (9) months if convicted of frustrated homicide;
b.4. At least six (6) months if convicted of attempted homicide;

C. For absolute pardon, ten (10) years must have elapse from the date of release of the petitioner from
confinement of five (5) years from the date of expiration of his maximum sentence, which ever is more
beneficial to him.

EXEPTIONS:
However, the board may consider a petition for absolute pardon even if the before the lapse of the
aforementioned period is special cases such as;
a. When the petitioner is seeking reinstatement in the government service;
b. Needs medical treatment which is not available locally;
c. Will take a government or bar examination;
d. Or is emigrating

6. WHO ARE NOT ELIGIBLE FOR EXECUTIVE CLEMENCY?


a. The prisoner is eligible for parole;
b. The prisoner had been sentence for another prison term within one (1) year from the date of his last
recommitment to the jail or prison from where he escapes;
c. The prisoner had violated any conditions of his discharge on parole or conditional pardon;
d. The prisoner is suffering from mental illness or disorder as certified by a government psychiatrist.

7. WHERE TO FILE A FORMAL PETITION FOR EXECUTIVE CLEMENCY?


A formal petition for executive clemency must be addressed as follows:
“The President of the Philippines
Through: The Chairman
Board of Pardon and Parole
Manila”

8. WHAT OTHER SUPPORTING DOCUMENTS ARE REQUIRED FOR PETITION FOR


CONDITIONAL PARDON?
The Board may require a petition for conditional pardon to be accompanied by a written guarantee of
the person with whom the petitioner will reside, that the latter will behave properly upon release from
confinement.

9. WHAT OTHER SUPPORTING DOCUMENTS ARE REQUIRED FOR PETITION FOR


ABSOLUTE PARDON?
The petition for absolute pardon shall be accompanied by:
a. The affidavits of at least two (2) responsible members of the community where the petitioner
resides, to include among others statements of petitioners conduct since his release from prison;
b. Clearances from the police, Courts and prosecutors office where the petitioner resides.

10. WHO WILL INVESTIGATE THE CONDUCT AND ACTIVITIES OF A PETITIONER FOR
ABSOLUTE PARDON?
Upon receipt of a petition for the grant of absolute pardon, the Board shall refer the petition for absolute
pardon to probation and Parole Officer and the same will investigate the conduct, activities as well as the social
and economic conditions of the petitioner prior to his conviction and since his release from prison.

CORRECTIONAL ADMINISTRATION

1. It is a privileged by the Court to a person convicted by a criminal offense to remain in the community
instead of actually going to prison subject to the conditions imposed by the Court:
a. Parole b. Probation c. Conditional Pardon d. Absolute Pardon

2. Conditional release of an offender from the penal or correctional institution after he has served the
minimum period of his prison sentence:
a. Parole b. Probation c. Pardon d. Amnesty
3. General Pardon extended to groups of persons and is generally exercised by the President of the Philippines
with the concurrence of the Senate:
a. Amnesty b. Absolute Pardon c. Conditional Pardon d. Unconditional Pardon

4. Persons who by reason of their sentence may be deprived of liberty for not more than six months:
a. City of Municipal Prisoners b. Provincial Prisoners
c. National Prisoners d. None of these

5. Persons who by reason of their sentence may be deprived of liberty for not more than three (3) years or are
subjected to a fine of not more than 1000 pesos or Beth:
a. Provincial Prisoners b. Municipal Prisoners c. National Prisoners d. City Prisoners

6. A Prisoner receives two or more sentence and the total aggregate of imprisonment is four (4) years:
a. Provincial prisoner b. City prisoner c. Municipal prisoner d. National prisoner

7. Temporary stay of the execution of sentence:


a. Amnesty b. Reprieve c. Commutation of sentence d. Conditional parole

8. The statutory shortening of the maximum sentence of the prisoner because of good behavior while in
prison:
a. Good conduct of allowance b. Commutation of sentence c. Reprieve d. Amnesty

9. The Probation Administration is appointed by:


a. Secretary of Justice b. The President of the Philippines
c. Secretary of DILG d. Chef Justice, Supreme Court of the Philippines

10. Probation Officers are appointed by:


a. The President of the Philippines b. The Secretary of Justice
c. Probation Administration d. Secretary of DILG

11. A clerk in the Parole and Probation Administration Officer-CAR is appointed by:
a. Probation Administration b. Secretary of Justice
c. Secretary of DILG d. Regional Director

12. Probation is grant to a defendant by:


a. Trial Court who convicted the defendant b. Parole and Probation Board
c. Probation administrator d. Secretary of DILG

13. Parole is granted to a prisoner by:


a. The Boa rd of Pardon and Pardon
b. The Secretary of Justice with recommendation of the Parole Administrator
c. The President
d. The Probation Administrator

14. The defendant files his application for probation:


a. After his conviction by the court b. Before he starts serving his sentence
c. In the trial court where he has convicted d. All of these

15. The Probation officer is required to submit his post sentence investigation spent to the court:
a. Within 60 days from receipt from receipt of the court order
b. 60 days after conviction of the defendant
c. After 60 days from the receipt of the court order
d. All of these

16. Number of hours within which the defendant reports to the probation officer from the receipt of the court
order:
a. 72 hours b. 62 hours c. 42 hours d. 32 hours e. 52 hours

17. Total extinction of criminal liability:


a. absolute pardon b. death c. amnesty d. service sentence e. all of these
18. Period of probation if the probationer was sentenced to imprisonment of one year or less:
a. 4 years b.1 year c. 2 years d. six year e. none of these

19. Exemption of an individual within certain limits or conditions, from the punishment which the law inflicts
to the offense he has committed resulting in the partial extinction in criminal liability:
a. conditional pardon b. parole c. commutation of sentence d. reprieve e. amnesty

20. Partial extinction of criminal liability:


a. conditional pardon b. probation c. parole d. all of these

TRUE OR FALSE

1. Probation system was first established legally in the United States but its origin can be traced on the
common law of England.

2. Adult Probation was first introduced in the Philippines in 1935 but was declared unconstitutional by the
Supreme Court in 1937.

3. The central goal of the probation administration is to enhance the safety of the community by reducing the
incidence of the criminal acts by convicted person.

4. Probation is applied in all cases by the trial courts and that it has always produce good results.

5. Delinquent behavior can always be traced easily under one single as proven by several researched good
results.

6. Supervision, guidance and assistance to the probationer is part of the responsibility of the probation officer.

7. Correctional system can be greatly relied upon it is appropriately funded and manned by properly trained
probation personnel.

8. The post sentenced investigation report serves as the basis of the court to grant or deny the probation.

9. It is generally conceded that probation is a matter of privileged to be granted or refused at the discretion of
the court.

10. The application for probation must first be convicted and sentenced by the court and it is only b the mercy
of law that maybe granted probation.

11. A probationer has the right to remain on probation until proven that he has violated the condition of
probation.

12. Proof beyond reasonable doubt is not required to show violation of the conditional probation.
13. A probationer makes himself a taxpayer instead a tax eater.

14. Probation is a form of treatment of the convicted prisoner. It is not a clemency but rather a substitute for
imprisonment.

15. Probation is a part of the correctional system in the Philippines.

16. The defendant who has convicted, and sentenced to Tess, than six years imprisonment qualified for
probation

17. A prisoner is eligible for parole only after serving the maximum period of his sentence which shall not
exceed one year.

18. The Board of Pardon and Parole is the government agency authorized to grant parole to a prisoner.

19. A defendant convicted of an offense against the security of the state is not qualified for probation.

20. A prisoner whose conviction is an appeal is qualified to apply for parole but not in probation.

21. Executive clemency can be granted by the executive secretary being known as the “Little President”
Malacaniang.

22. The regional and city probation officers are appointing by the secretary of Justice with the recommendation
of the Probation Administration.

23. A prisoner is qualified for conditional pardon even if he has not yet served one-half of his minimum
imprisonment if he has applied for reinstatement in the government service.
24. A mentally ill prisoner is qualified for probation.

25. The post sentence investigation report serves as the basis of the court to grant or deny the probation.
26. It is generally conceded that the probation is a matter of privilege to be granted or refused at the discretion
of the court.

27. The applicant for probation must be first to be convicted and sentenced by the court and it is only by the
mercy of the law that he may be granted probation.

CORRECTIONAL ADMINISTRATION
(It 10% of the weight in the licensure examination)

FACT SHEET ON CORRECTIONS ADMINISTRATION

1. ACT NO. 4103 is also known as Indeterminate Sentence Laws.

2. PD NO. 968 are also known as Probation Law.

3. EXECUTIVE ORDER NO. 292 is also known as Administrative Code of 1987.

4. ACT NO. 3316 is the formal basis on the grant of Good Conduct Time Allowance for prisons

5. ACT NO. 1533 is also known as the law on working detention.

6. ACT NO. 3326 is also known as Law on Prescription of Penalty.

7. REPUBLIC ACT NO. 7659 is also known an act imposing the death penalty.

8. PD NO. 28 is also known as the law establishing regional prisons.

9. PD 603 is also known Child and Youth Welfare Code.

10. REPUBLIC ACT NO. 6981 is also known Witness Protection Program.

11. REPUBLIC ACT NO. 7438 is also known as an act defining the rights of an accused.

12. UN STANDARD MINIMUM RULES is also known as UN Rules for Treatment of prisoners.

13. TEODULO C. NATIVIDAD is known as the Father of Philippine Probation.

14. ZEBULON BROCKWAY a great American warden whose prison reforms started the establishment of good
conduct time related programs.

15. SIR EVELYN RUGGES-BRISE an English correctional administrator who introduced the Bornstal Training
program for youth offender.

16. Php 48.00 is the amount of pegged by as the prisoner per capita per day.

17. ALL CASES OF DEATH PENALTY is subject to automatic review by the Supreme Court.

18. Only the CHIEF EXECUTIVE or the PRESIDENT can grant reprieve on the prisoner under death penalty.

19. NATIONAL PRISONERS are those whose maximum sentence more than 3 years.

20. ALL FEMALE OFFENDERS with maximum sentence of more than 3 years are committed to the
CORRECTIONAL INSTITUTION FOR WOMEN.

21. Prisoners are classified institutionally as MAXIMUM, MEDIUM, and MINIMUM SECURITY.

22. The BUREAU OF CORRECTIONS is under the supervision of the DEPARTMENT OF JUSTICE.

23. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY is under the supervision of the DEPARTMENT
OF INTERIOR AND LOCAL GOVERNMENT.

24. YOUTH OFFENDERS in regional rehabilitation centers is under the supervision of the DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT.

25. The institutional correction includes MUNICIPAL, CITY, DISTRICT, PROVINCIAL and NATIONAL
PRISON.

26. The non-institutional correction system includes PROBATION, PARDON, and PAROLE.

27. PAROLE is granted if the prisoner has completed his minimum sentence.
28. ABSOLUTE PARDON is a form of executive clemency which can be granted at any time by the Chief
Executive/ President starting from the time the prisoner serves his sentence.

29. The CHIEF EXECUTIVE or PRESIDENT has the sole executive power to COMMUTE the sentence of any
prisoner including those under death penalty.

30. SAN RAMON PRISON AND PENAL FARM in Zamboanga City is the oldest existing correctional facility for
national prisoners in the country having been established in 1870.

31. The principal task of CORRECTIONS is the REHABILITATION of prisoners.

32. Italian CESARE BECARRRIA is known as the father of CLASSICAL PENOLOGY.

33. Italian DR. CESARE LOMBROSO is known as the proponent of ITALIAN OR POSITIVE SCHOOL OF
PENOLOGY.

34. PROBATIONER is the person placed under probation.

35. DETAINEES are those who are confined in correctional facilities awaiting judicial verdict on their cases.

36. PROBATION OFFICER is one who investigates for court referral for probation supervision or one who
supervises a probationer.

37. The PERIOD OF PROBATION shall not exceed 2 years when prisoner sentence is not more than one year and
all other cases not more than 6 years.

38. The FINAL DISCHARGE ON PROBATION restores on the person his full civil rights.

39. The BOARD OF PARDONS AND PAROLE is an agency under the OFFICE OF SECRETARY OF
JUSTICE.

40. ALL MEMBERS of the Board of Pardon and Parole are appointed by the CHIEF EXECUTIVE or
PRESIDENT.

41. PAROLEE is a person released from prison under discharge on parole status.

42. EXECUTIVE CLEMENCY is act of grace by the PRESIDENT to a person who has been sentenced by final
judgment by the court.

43. COMMUTATION OF SENTENCE is a Form of executive clemency with changes or modifies the punishment
to which a person has been sentenced to less severe one.

44. CONDITIONAL PARDON is a form of executive clemency which attempts the individual on whom it is
bestowed within certain limits or conditions, from the punishment the law inflicts for the crime committed.

45. ABSOLUTE PARDON is a form of executive clemency which fees the individual of all criminal liability
without any condition whatsoever.

46. MUNICIPAL PRISONERS are those convicted and sentenced to imprisonment of not more than one year.

47. CITY/PROVINCIAL PRISONERS are those convicted and sentenced imprisonment of more than one year but
not more than 3 years.

48. MITTIMUS OR COMMITMENT ORDER is issued by the court to correctional facility indicating the basis for
the confinement of the prisoner.

49. RECLUSION PERPETUA is a penalty of imprisonment for at least 30 years after which the convict becomes
eligible for pardon.

50. LIFE IMPRISONMENT is a different from reclusion perpetua since life imprisonment as a penalty does not
carry any accessory penalty like perpetual special disqualification and for another, does not appear to have any
definite extent or duration.

51. YOUTH OFFENDER is a child, minor or youth including who has emancipated in accordance with law, who is
over 9 years but not more than 18 years of the time of the commission of the offense.

52. PROVINCIAL JAIL is those facilities for the safe keeping of prisoners maintained at the capital of each
province.

53. PRESCRIPTION OF CRIMES like crime punishable by death, reclusion perpetua or reclusion temporal shall
prescribe in 20 years.

54. GOOD CONDUCT TIME ALLOWANCE once granted cannot be revoked.

55. GOOD CONDUCT TIME ALLOWANCE is a provision which reduces imprisonment and lawfully justified,
granted by the Director of Corrections for good conduct.
56. The NATIONAL PRISONS includes all seven major prison and penal farms under the jurisdiction of the
BUREAU OF CORRECTIONS.

57. The DEPARTMENT OF JUSTICE supervises the Board of Pardons and Parole, Probation and Parole
Administration, and Bureau of Correction.

58. The DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT supervises the BUREAU OF JAIL
MANAGEMENT AND PENOLOGY and all PROVINCIAL JAILS through the provincial governor.

59. THE DEPARTMENT OF SOCIAL SERVICES AND DEVELOPMENT supervises all regional rehabilitation
centers for youth in the country.

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