LAST TOPIC FOR MID Flashcards
(231 cards)
1
Q
WHAT ARE THE OTHER MATTERS THAT MUST BE CONSIDERED IN PROBATION?
A
a. PROBATION IS A MATTER OF PRIVILEGE, NOT RIGHT;
b. EFFECTIVITY AND PERIOD OF PROBATION;
c. CONFIDENTIALITY OF RECORDS;
d. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITION;
e. MODIFICATION OF CONDITION OF PROBATION;
f. OUTSIDE TRAVEL;
g. TRANSFER OF SUPERVISION;
H. VIOLATIONS OF PROBATION CONDITION;
2
Q
PROBATION IS A ____________, NOT RIGHT;
A
MATTER OF PRIVILEGE
2
Q
_______ is a matter of privilege because only selected persons may avail of it.
A
Probation
3
Q
If probation is denied by the court after considering all information relative to his characteristics, antecedents, environment, mental and physical condition, he cannot ____________ the resolution of the court.
A
appeal
4
Q
Said resolution cannot be appealed because it is only an ______
A
INTERLOCUTORY ORDER
5
Q
- are order being issued by judge that does not finally determine a cause of action but only decides some intervening matter
A
INTERLOCUTORY ORDER
6
Q
A probation order shall take effect _________, at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation. (Sec. 11 of Probation Rules)
A
upon its issuance
7
Q
Who shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense under the Probation order?
A
TRIAL COURT
7
Q
A probation order shall take effect upon its issuance, at which time the _____ shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation. (Sec. 11 of Probation Rules)
A
TRIAL COURT
7
Q
The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall _____________ and in all other cases (more than 1 year but not more than 6 years), said period shall not exceed six years.
A
not exceed two years
8
Q
The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years, and in all other cases (more than 1 year but not more than 6 years), said period shall _____
A
not exceed six years.
9
Q
When the sentence imposes a fine only and the offender is made to serve _____________ in case of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the rate established, in Article 39 of the Revised Penal Code. (Sec 14 of PD968)
A
subsidiary imprisonment
10
Q
When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall ________________ as computed at the rate established, in Article 39 of the Revised Penal Code. (Sec 14 of PD968)
A
not be less than nor to be more than twice the total number of days of subsidiary imprisonment
11
Q
- this law states that one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines
A
RA 10159
12
Q
The Investigation Report (IR) and the supervision history of a probationer obtained under PD 968 shall be privileged and shall ___________ to anyone other than the PROBATION ADMINISTRATION OR THE COURT CONCERNED, except that the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the probationer make such disclosure desirable or helpful.
A
not be disclosed directly or indirectly
13
Q
The Investigation Report (IR) and the supervision history of a probationer obtained under PD 968 shall be privileged and shall not be disclosed directly or indirectly to anyone other than the _____________, except that the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the probationer make such disclosure desirable or helpful.
A
PROBATION ADMINISTRATION OR THE COURT CONCERNED
13
Q
Any government office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the Administration. (Sec 17 of PD 968)
A
CONFIDENTIALITY OF RECORDS;
14
Q
they shall inform the applicant of the confidential nature of the information taken during the PSI and the limited scope and extent, whereby said information, may be disclosed only to some statutorily designated authorities and entities pursuant to Section 17 of PD 968, as amended, and Section 64 of the Probation Rules. (Sec 20 of Probation Rules)
A
INVESTIGATING PROBATION AND PAROLE OFFICER ON CASE OR CPPO
15
Q
WHAT IS THE PENALTY FOR VIOLATING THE CONFIDENTIAL NATURE OF PROBATION RECORDS?
A
imprisonment ranging from six months and one day to six years and a fine ranging from hundred to six thousand pesos
16
Q
RECLUSION PERPETUA DURATION
A
20 YEARS AND 1 DAY TO 40 YEARS
16
Q
RECLUSION TEMPORAL DURATION
A
12 YEARS AND 1 DAY TO 20 YEARS
17
Q
PRISION MAYOR-DURATION
A
6 MONTHS AND 1 DAY TO 12 YEARS
18
Q
PRISION CORRECTIONAL DURATION
A
6 MONTHS AND 1 DAY TO 6 YEARS
19
Q
ARRESTO MAYOR DURATION
A
1 MONTH AND 1 DAY TO 6 YEARS
20
ARRESTO MENOR DURATION
1 DAY TO 30 DAYS
21
At ________ during probation, the COURT may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation.
any time
22
At any time during probation, the _____ may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation
COURT/ TRIAL COURT
23
The ________, once arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and summary of the violation charged.
probationer
24
The _______ may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision.
defendant
25
If the violation is established, the ______ may revoke or continue his probation and modify the conditions thereof.
TRIAL COURT
25
If revoked, the _______ shall order the probationer to serve the sentence originally imposed. (Sec 15 of PD 968)
TRIAL COURT
26
An order revoking the grant of probation or modifying the terms and conditions thereof shall _________
not be appealable
27
WHY IS IT THAT AN ORDER REVOKING THE GRANT OF PROBATION OR MODIFYING THE TERMS AND CONDITIONS THEREOF SHALL NOT BE APPEALABLE?
it is only an interlocutory order
28
_______ is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause. (Black, 1990)
INTERLOCUTORY ORDER
28
The remedy against a grant or denial of an interlocutory order is _____________, but not appeal.
MOTION FOR RECONSIDERATION OR PETITION FOR REVIEW ON CERTIORARI
29
-- being issued only for the correction of error
WRIT OF CERTIORARI
30
During the period of probation, the _______ may motu proprio or, upon application of either the probationer, his lawyer or the probation officer, revise or modify the conditions or period of probation.
court/ TRIAL COURT
31
During the period of probation, the court may motu proprio or, upon application of either the ___,_____,________ revise or modify the conditions or period of probation.
probationer, his lawyer or the probation officer
31
“at its own instance”
MOTU PROPRIO
32
____ shall notify either the probationer or the probation officer of the filing such an application so as to give both parties an opportunity to be heard thereon.
TRIAL COURT
32
______ shall inform in writing the probation officer and the probationer of any change in the period or conditions of probation. (Secs 12 & 44 of Probation Rules)
TRIAL COURT
33
____________ shall become effective immediately and final upon its promulgation and receipt thereof by the probationer, unless specified otherwise by said order. (Sec 45 of Probation Rules)
MODIFIED OR REVISED PROBATION ORDER
34
_________ may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding thirty (30) days;
PROBATION OFFICER
35
A PROBATION OFFICER may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of ____________
more than ten (10) days but not exceeding thirty (30) days;
36
A PROBATIONER who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the _________ shall file at least five (5) days before the intended travel schedule a REQUEST FOR OUTSIDE TRAVEL (PPA FORM 7) with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO;
PROBATION OFFICE
37
A PROBATIONER who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the PROBATION OFFICE shall file at least _________ before the intended travel schedule a REQUEST FOR OUTSIDE TRAVEL (PPA FORM 7) with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO;
five (5) days
38
A PROBATIONER who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the PROBATION OFFICE shall file at least five (5) days before the intended travel schedule a ___________ with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO;
REQUEST FOR OUTSIDE TRAVEL (PPA FORM 7)
39
A PROBATIONER who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the PROBATION OFFICE shall file at least five (5) days before the intended travel schedule a REQUEST FOR OUTSIDE TRAVEL (PPA FORM 7) with said Office properly recommended by the ____________ and approved by the _______;
recommended by the Supervising Probation Officer on case and approved by the CPPO;
40
If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the _____ and submitted to the Trial Court for approval; and
CPPO
41
If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the CPPO and submitted to the _______ for approval; and
Trial Court
42
If the requested outside travel is for __________, said request shall be recommended by the CPPO and submitted to the Trial Court for approval; and
more than thirty (30) days
43
A PROBATIONER who seeks to travel for ____________ outside the operational/territorial jurisdiction of the PROBATION OFFICE shall file at least five (5) days before the intended travel schedule a REQUEST FOR OUTSIDE TRAVEL (PPA FORM 7) with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO;
up to thirty (30) days
44
Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months shall be considered as a ___________. (Sec 41 of Probation Rules)
COURTESY SUPERVISION
45
Outside travel for a _______________ shall be considered as a COURTESY SUPERVISION. (Sec 41 of Probation Rules)
cumulative duration of more than thirty (30) days within a period of six (6) months
46
A PROBATIONER may file a ______ with the City or Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be submitted by the Supervising Probation Office for the approval of the Trial Court;
REQUEST FOR CHANGE OF RESIDENCE (PPA FORM 24)
47
A PROBATIONER may file a REQUEST FOR CHANGE OF RESIDENCE (PPA FORM 24) with the City or Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be submitted by the _______ for the approval of the ______
submitted by the Supervising Probation Office for the approval of the Trial Court;
48
In the event of such approval, the supervision and control over the probationer shall be transferred to the concerned __________, having jurisdiction and control over said probationer, and under the supervision of the City or Provincial Parole and Probation Office in the place to which he transferred;
EXECUTIVE JUDGE OF THE RTC
49
Thereafter, the __________ to whom jurisdiction over the probationer is transferred shall have the jurisdiction and control with respect to him which was previously possessed by the Court which granted probation; and
EXECUTIVE JUDGE OF THE RTC
49
The receiving City or Provincial and Parole and Probation Office and the receiving court shall be duly furnished each with copies of the _________, __________, _______ by the sending Probation Office for purposes and in aid of continuing effective probation supervision treatment over said probationer. (Sec 42 of Probation Rules)
pertinent Probation Order, PSIR (PPA Form 3), and other investigation and supervision records
50
A probationer's specific act and/or omission(s) constitutive of a violation of probation condition(s) set forth in the original, modified or revised Probation Order shall be reported to the ________, taking into account the totality of the facts and surrounding circumstances and all possible areas of consideration;
Trial Court
51
Based on reasonable cause reported by a __________ or on his own findings, the SPPO, SrPPO, PPOII, PPOI concerned or the CPPO himself shall conduct or require the Supervising Probation Officer on case to immediately conduct a fact-finding investigation on any alleged or reported violation of probation condition(s) to determine the veracity and truthfulness of the allegation;
reliable informant
52
Based on reasonable cause reported by a reliable informant or on his own findings, the ____, ____, ____, _____ or the _____ himself shall conduct or require the Supervising Probation Officer on case to immediately conduct a fact-finding investigation on any alleged or reported violation of probation condition(s) to determine the veracity and truthfulness of the allegation;
SPPO, SrPPO, PPOII, PPOI concerned or the CPPO
53
Based on reasonable cause reported by a reliable informant or on his own findings, the SPPO, SrPPO, PPOII, PPOI concerned or the CPPO himself shall conduct or require the __________ to immediately conduct a fact-finding investigation on any alleged or reported violation of probation condition(s) to determine the veracity and truthfulness of the allegation;
Supervising Probation Officer on case
53
who will immediately conduct a fact-finding investigation on any alleged or reported violation of probation condition(s) to determine the veracity and truthfulness of the allegation;
Supervising Probation Officer
54
After the completion of the fact-finding investigation, the ________ shall prepare a violation report thereon containing his findings and recommendations and submit the same to the ______ for review and approval.
1. Supervising Probation Officer on case
2. CPPO
55
In some cases, a probationer who has not reported for initial supervision within the seventy-two (72) hours from his receipt of the Probation Order or within the prescribed period ordered by the Trial Court or whose whereabouts could not be ascertained notwithstanding best efforts exerted within a reasonable period of time by the City and Provincial Parole and Probation Office shall be immediately reported to the _________ for appropriate action;
Trial court
56
Thereafter, said Parole and Probation Office shall file with the trial court a __________ , containing its findings and recommendation, duly prepared and signed by the SPPO, SrPPO, PPOII, PPOI concerned and duly noted by the CPPO for the court's resolution
VIOLATION REPORT (PPA FORM 8)
57
Thereafter, said Parole and Probation Office shall file with the trial court a VIOLATION REPORT (PPA FORM 8), containing its findings and recommendation, duly prepared and signed by the ___, ____, ____, _____ concerned and duly noted by the CPPO for the court's resolution
SPPO, SrPPO, PPOII, PPOI
58
Thereafter, said Parole and Probation Office shall file with the trial court a VIOLATION REPORT (PPA FORM 8), containing its findings and recommendation, duly prepared and signed by the SPPO, SrPPO, PPOII, PPOI concerned and duly noted by the _____ for the court's resolution
CPPO
59
After having duly considered the nature and gravity of such reported violation based on the submitted Violation Report, the _______ may issue a warrant for the arrest of the probationer for serious violation of his probation condition.
Trial Court
59
Once arrested and detained, the _____ shall immediately be brought before the Trial Court for a hearing of the violation charged.
probationer
60
In the hearing which shall be ______, the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor.
summary in nature
61
The _____ shall not be bound by the technical rules of evidence, but may inform itself of all the facts which are material and relevant to ascertain the veracity of the charge.
court
62
The _______ may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with the crime or offense shall be applicable to probationers arrested under this provision;
probationer
63
After a serious violation of a probation condition has been established in the hearing, the ______ may order the continuance of the probationer's probation or modification of his probation conditions or revoke his probation whichever is proper and just under in judicial discretion.
Trial Court
64
If the probation period has been revoked, the ______ shall order the probationer to serve the sentence originally imposed in the judgment of his case for which he applied for probation.
Trial Court
65
In the hearing or proceeding for violation of probation conditions, the probationer shall have the ______
right to counsel of his own choice;
66
For the Prosecution of serious violation of probation condition(s), during said hearing or proceeding, the State shall be represented by the proper?
prosecuting officer;
67
A court order modifying the probation conditions as in Sec. 44 of these Rules or revoking probationer's probation shall _______. However, it may be correctable by certiorari under the Rules of Court.
not be appealable
68
A court order modifying the probation conditions as in Sec. 44 of these Rules or revoking probationer's probation shall not be appealable. However, it may be correctable by ______ under the Rules of Court.
certiorari
69
The Violation Report shall be prepared and signed by the ____, ____, _____, ______concerned and approved and signed by the _____
SPPO, SrPPO, PPOII or PPOI
CPPO.
70
The Violation Report shall include, among others, the following:
· ACCURATE AND COMPLETE STATEMENT OF THE FACTS AND SURROUNDING CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE: NATURE, CHARACTER AND DESIGNATION OF THE VIOLATION;
· SPECIFIC ACTS AND/OR OMISSIONS CONSTITUTIVE OF THE VIOLATION;
· PLACE, DATE AND TIME OF COMMISSION OR OMISSION;
· STATEMENTS OR AFFIDAVITS OF APPREHENDING OFFICERS AND OFFENDED PARTIES; AND
· OTHER RELATED DATA AND INFORMATION.
70
is an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.
PAROLE AND PROBATION ADMINISTRATION/ PROBATION ADMINISTRATION (PPA)
71
The PAROLE AND PROBATION ADMINISTRATION is an agency of the Philippine government under the ______ responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.
Department of Justice
72
responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.
PAROLE AND PROBATION ADMINISTRATION
73
(first Probation Law) of the Philippine Legislature on August 7, 1935, the “PROBATION OFFICE” under the Department of Justice was created.
Act No. 4221
74
On November 16, 1937, this law was declared unconstitutional by the Supreme Court because of some defects in the law's procedural framework.
Act No. 4221
75
When Act No. 4221 (first Probation Law) of the Philippine Legislature on _____, the “PROBATION OFFICE” under the Department of Justice was created.
August 7, 1935
76
the “PROBATION OFFICE” under the Department of Justice was created
Act No. 4221
77
On ___________ , this law was declared unconstitutional by the Supreme Court because of some defects in the law's procedural framework.
November 16, 1937
77
On ______, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the President Ferdinand Marcos of the Philippines and it created the “Probation Administration” to administer the probation system.
July 24, 1976
78
On July 24, 1976, __________ , also known as Adult Probation Law of 1976, was signed into Law by the President Ferdinand Marcos of the Philippines and it created the “Probation Administration” to administer the probation system.
Presidential Decree No. 968
78
was signed into Law by the President Ferdinand Marcos of the Philippines and it created the “Probation Administration” to administer the probation system.
Presidential Decree No. 968
79
-- “”ADMINISTRATIVE CODE OF 1987”
EXECUTIVE ORDER 292
80
--renamed the Probation Administration to PAROLE AND PROBATION ADMINISTRATION (PPA)
EXECUTIVE ORDER 292
81
herein shall exercise general supervision over all probationers. It shall have such staff, operating units and personnel as may be necessary for the proper execution of its functions. (Sec 18 of Probation Rules)
PROBATION ADMINISTRATION
82
_________ which was promulgated on November 23, 1989, the Probation Administration was renamed “Parole and Probation Administration” and given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole pardon with parole conditions.
Executive Order No. 292, “The Administrative Code of 1987”
82
Executive Order No. 292, “The Administrative Code of 1987” which was promulgated on
November 23, 1989
83
given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole pardon with parole conditions.
Executive Order No. 292, “The Administrative Code of 1987”
84
Effective _________, by virtue of a MEMORANDUM OF AGREEMENT WITH THE DANGEROUS DRUGS BOARD, the Administration performs another additional function of investigating and supervising first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
August 17, 2005
85
Effective August 17, 2005, by virtue of a _________, the Administration performs another additional function of investigating and supervising first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
MEMORANDUM OF AGREEMENT WITH THE DANGEROUS DRUGS BOARD
85
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”, AS AMENDED
REPUBLIC ACT No. 10707
85
the Administration performs another additional function of investigating and supervising first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
PROBATION ADMINISTRATION
86
— Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant for a probationable penalty and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.
SEC. 4. Grant of Probation
87
A model component of the Philippine Correctional System that shall enhance the quality of life of its clients through multi-disciplinary programs and resources, an efficient organization and a highly professional and committed workforce in order to promote social justice and development
PROBATION ADMINISTRATION
88
--probationable penalty is
6 years and below
88
“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the _______ may, after it shall have convicted and sentenced a defendant for a probationable penalty and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.
trial court
89
Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant shall be __________ based on the modified decision before such decision becomes final.
allowed to apply for probation
90
The application for probation based on the modified decision shall be filed in the ____ where the judgment of conviction imposing a non-probationable penalty was rendered, or in the trial court where such case has since been re-raffled.
trial court
91
The ______ shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgment.
trial court
92
“_____. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
SEC. 9
93
“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
“e. who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.”
93
“______. Termination of Probation. — After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.
SEC. 16.
94
“The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to the offense for which probation was granted.
“The probationer and the probation officer shall each be furnished with a copy of such order.”
SEC. 16. Termination of Probation
95
— To assist the Chief Probation and Parole Officers in the supervised treatment program of the probationers, the Probation Administrator may appoint citizens of good repute and probity, who have the willingness, aptitude, and capability to act
SEC. 28. Volunteer Probation Assistants (VPAs).
96
_____ shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be determined by the Probation Administrator
Volunteer Probation Assistants (VPAs)
97
“VPAs shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be determined by the?
Probation Administrator
98
“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just cause. Their functions, qualifications, continuance in office and maximum case loads shall be further prescribed under the implementing rules and regulations of this Act.
Volunteer Probation Assistants (VPAs)
99
-is a petitioner who failed to present himself to the probation officer with the seventy – two (72) hour period required by the court as a mandatory condition of probation. (Sec 21 of Probation Rules)
ABSCONDING APPLICANT
100
-is a probationer who has not reported for initial supervision within the prescribed period and/or whose whereabouts could not be found, located or determined despite best diligent efforts within reasonable period of time.
ABSCONDING PROBATIONER
101
-Before a probationer be considered _________ , he shall first be declared as such by the Parole and Probation Administration. (Sec 43 of Probation Rules)
ABSCONDING PROBATIONER
101
-literally means friend of the court.
AMICUS CURIAE
102
-Under the Probation Rules, upon written invitation by the Trial Court, the Administrator and/or Deputy Administrator, for the Agency Level, Regional Director, for the Regional Level, Chief Probation and Parole Officers for the City or Provincial Level may appear as _______
AMICUS CURIAE
103
-He is a person with strong interest in or views in a subject matter of an action, but not a party to the action. (Black, 1990)
AMICUS CURIAE
104
Under the Probation Rules, upon written invitation by the Trial Court, the _________, for the Agency Level, ______, for the Regional Level, _________ for the City or Provincial Level may appear as amicus curiae on any probation investigation and supervision issue, concern or matter. (Sec 5 of Probation Rules)
the Administrator and/or Deputy Administrator, for the Agency Level, Regional Director, for the Regional Level, Chief Probation and Parole Officers for the City or Provincial Level
105
is the Administrative Code of 1987.
EXECUTIVE ORDER 292
106
is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause. (Black, 1990)
INTERLOCUTORY ORDER
107
PAROLE AND PROBATION ADMINISTRATION (PPA) Filipino term of
“Pangasiwaan ng Parol at Probasyon.”
107
means at its own instance.
MOTU PROPRIO
107
-is an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.
PAROLE AND PROBATION ADMINISTRATION (PPA)
108
-It is also known as the “Probation Law of 1976”
PRESIDENTIAL DECREE (PD) 968
108
is that done by the probation officer for the court to determine that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby in granting or denying probation. (Sec. 5 of PD 968)
POST – SENTENCE INVESTIGATION
108
is a convicted defendant who files an application for probation;
PETITIONER
108
- is that to be submitted by the probation officer to the judge after conducting post sentence investigation and it is containing his recommendation whether probation may be granted or not.
POST – SENTENCE INVESTIGATION REPORT
108
-It shall be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice.
POST – SENTENCE INVESTIGATION REPORT
108
-is “The Law Establishing a Probation System, Appropriating Funds therefore and for other purposes.
PRESIDENTIAL DECREE (PD) 968
109
-It was John Augustus who coined the word?
PROBATION
110
-is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. (Sec. 3 [a] of PD 968)
PROBATION
111
__________ who coined the word "probation" which he derived from the Latin word "probare" which means "to prove or to test." (http://en.wikipedia.org/wiki/John_Augustus)
John Augustus
112
It was John Augustus who coined the word "probation" which he derived from the ___ word "probare" which means "to prove or to test."
latin
112
It was John Augustus who coined the word "probation" which he derived from the Latin word ____ which means "to prove or to test."
"probare" means "to prove or to test."
112
means a person placed on probation.
PROBATIONER
113
refers either to the Provincial or City Probation Office directed to conduct investigation or supervision referrals as the case may be.
PROBATION OFFICE
114
_____ may include public officers like the Chief Probation and Parole Officer (CPPO), Supervising Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI), who investigates for the Trial Court a referral for probation or supervises a probationer or does both functions and performs other necessary and related duties and functions as directed.
PROBATION OFFICER
114
-means one who investigates for the court a referral for probation or supervises a probationer or both
PROBATION OFFICER
115
-Probation Officers may include public officers like the?
Chief Probation and Parole Officer (CPPO), Supervising Probation and Parole Officer (SPPO),
Senior Probation and Parole Officer (SrPPO), Parole and Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI)
116
is an order of the trial court granting probation.
PROBATION ORDER
116
-is a philosophy and a process whereby stakeholders in a specific offense resolve collectively how to deal with the aftermath of the offense and its implications for the future.
RESTORATIVE JUSTICE
117
-It is a victim – centered response to crime that provides opportunity for those directly affected by the crime – the victim, the offender, their families and the community – to be directly involved in responding to the harm caused by the crime.
RESTORATIVE JUSTICE
118
-Its ultimate objective is to restore the broken relationships among stakeholders.
RESTORATIVE JUSTICE
119
process provides a healing opportunity for affected parties to facilitate the recovery of the concerned parties and allow them to move on with their lives.
RESTORATIVE JUSTICE
120
-is a strategy by which the Parole and Probation Administration may be able to generate maximum citizen participation or community involvement.
VOLUNTEER PROBATION AIDE PROGRAM
121
-Citizens of good standing in the community may volunteer to assist the probation and parole officers in the supervision of a number of probationers, parolees and conditional pardonees in their respective communities.
VOLUNTEER PROBATION AIDE PROGRAM
122
-Since they reside in the same community as the client, they are able to usher the reformation and rehabilitation of the clients hands – on.
VOLUNTEER PROBATION AIDE PROGRAM
123
-In collaboration with the PPO, the VPA helps pave the way for the offender, victim and community to each heal from the harm resulting from the crime done.
VOLUNTEER PROBATION AIDE PROGRAM
124
-They can initiate a circle of support for clients and victims to prevent further crimes, thereby be participants in nation-building
VOLUNTEER PROBATION AIDE PROGRAM
125
-is a self-help social learning treatment model used in the rehabilitation of drug offenders and other clients with behavioral problems.
THERAPEUTIC COMMUNITY
125
-Each member has a defined role and responsibilities for sustaining the proper functioning of the Therapeutic community.
THERAPEUTIC COMMUNITY
126
-It is an environment that helps people while helping themselves.
THERAPEUTIC COMMUNITY
127
-It operates in a similar fashion to a functional family with a hierarchical structure of older and younger members.
THERAPEUTIC COMMUNITY
128
-The primary “therapist” and teacher is the community itself, consisting of peers, staff/probation and parole officers and even Volunteer Probation Aides (VPA), who, as role models of successful personal change, serve as guides in the recovery process.
THERAPEUTIC COMMUNITY
129
-There are sets of rules and community norms that members commit to live by and uphold upon entry.
THERAPEUTIC COMMUNITY
130
- is a waiver authorizing the PPA and/or the Probation Office to secure any and all information on the applicant.
-It shall be duly executed and signed by him.
WAIVER – CUM – AUTHORIZATION
130
refers to the Regional Trial Court (RTC) of the Province or City/Municipal Court which has jurisdiction over the case. (Other Source: Sec 4 of Probation Rules)
TRIAL COURT
131
CPPO
Chief Probation and Parole Officer
132
E.O.
Executive Order
133
FBCI
Full Blown Courtesy Investigation
134
GCI
General Courtesy Investigation
135
PPA
Parole and Probation Administration
136
PPOI
Parole and Probation Officer I Parole and Probation Officer I
137
PPOII
Parole and Probation Officer II
138
PCI
Partial Courtesy Investigation
139
PSI
Post-Sentence Investigation
140
PD
Presidential Decree
140
RD
Regional Director
141
PSIR
Post-Sentence Investigation Report
142
ROR
Release on Recognizance
143
RTC
Regional Trial Court
144
SrPPO
Senior Probation and Parole Officer
145
SOPs
Standard Operating Procedures
146
SPF
Special Probation Fund
147
SPPO
Supervising Probation and Parole Officer
148
TC
Therapeutic Community
149
PPA Form 1
POST-SENTENCE INVESTIGATION WORK SHEET
149
VPA
Volunteer Probation Aide
150
PPA Form 2
WAIVER-CUM-AUTHORIZATION
151
PPA Form 3
POST – SENTENCE INVESTIGATION REPORT
152
PPA Form 4
INSTRUCTION TO PROBATIONER
153
PPA Form 5
MONTHLY CASELOAD SUMMARY REPORTS
154
PPA Form 7
REQUEST FOR OUTSIDE TRAVEL
155
PPA Form 8
VIOLATION REPORT
155
PPA Form 9
PROBATION OFFICER’S FINAL REPORT
156
Within _______, the accused is given the right to either appeal the judgment of conviction or to apply for probation. (Sec. 7 of Probation Rules)
fifteen (15) days
156
PPA Form 24
REQUEST FOR CHANGE OF RESIDENCE
157
The application for probation shall be resolved by the Trial Court within ______ from the date of its receipt of the Post – Sentence Investigation Report. (Sec. 31 of Probation Rules)
fifteen (15) days
157
Offenders who are sentenced to serve a maximum term of imprisonment of ______ are disqualified to apply for probation. (Sec. 9 [a] of PD 968)
more than six (6) years
158
The Trial Court may notify the concerned Prosecuting Officer of the filing of the application at a ________ it deems necessary, before the scheduled hearing thereof. (Sec 9 of Probation Rules)
reasonable time
158
In the event that the probationer does not report for initial supervision within the prescribed period after the Probation Order has been released by the Trial Court, or his whereabouts are unknown, the Probation Officer shall exert his best efforts to find said probationer and conduct such field inquiry as is necessary within a __________-, before considering the fact that the subject has absconded amounting to a violation of a probation condition, requiring the preparation and submission of a Violation Report to the Trial Court. (Sec 40 [b] of Probation Rules)
reasonable period of time
158
The Prosecuting Officer may submit his comment(s), if any, on the application within a ______ given to him by the Trial Court from his receipt of the notice to comment. (Sec 10 of Probation Rules)
reasonable time
159
If the ____ finds that the application is in due form and the applicant appears to be qualified for the grant of probation, it shall order the City or Provincial Parole and Probation Office within its jurisdiction to conduct a Post-Sentence Investigation on the applicant.
Trial Court
160
If the Trial Court finds that the application is in due form and the applicant appears to be qualified for the grant of probation, it shall order the________ within its jurisdiction to conduct a Post-Sentence Investigation on the applicant.
City or Provincial Parole and Probation Office
161
The probation officer shall submit to the court the investigation report on a defendant __________ from receipt of the order of said court to conduct the investigation. (Sec. 7 of PD 968 & Sec 11 of Probation Rules)
not later than sixty (60) days
162
The probationer shall present himself to the probation officer designated to undertake his supervision at such place as may be specified in the probation order within _________ from receipt of said order. (Par 1, Sec. 10 [a] of PD 968)
seventy-two (72) hours
163
shall present himself to the probation officer designated to undertake his supervision at such place as may be specified in the probation order within seventy-two (72) hours from receipt of said order. (Par 1, Sec. 10 [a] of PD 968)
probationer
164
A probation order shall take effect _____, at which time the court shall inform the offender of the consequence thereat and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense under which he was placed on probation. (Sec 33 of Probation Rules)
upon its issuance
165
shall take effect upon its issuance, at which time the court shall inform the offender of the consequence thereat and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense under which he was placed on probation. (Sec 33 of Probation Rules)
probation order
166
The Trial Court may modify or revise the Probation Order which shall become effective and final __________, unless specified otherwise by said Order. (Sec 45 of Probation Rules)
upon its promulgation and receipt thereof by the probationer
167
The supervision service of the probation officer shall commence _________ of a probationer. Such fact and date shall be duly noted in the case notes of the client. (Sec 39 of Probation Rules)
on the day of initial interview or reporting
168
A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of ____________. (Sec 41 [a] of Probation Rules)
more than ten (10) days but not exceeding thirty (30) days
169
A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the Probation Office shall file ________ before the intended travel schedule a Request for Outside Travel with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO. (Sec 41 [b] of Probation Rules)
at least five (5) days
169
A Probationer who seeks to travel for _______ outside the operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before the intended travel schedule a Request for Outside Travel with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO. (Sec 41 [b] of Probation Rules)
up to thirty (30) days
170
If the requested outside travel is ___________, said request shall be recommended by the CPPO and submitted to the Trial Court for approval. (Sec 41 [c] of Probation Rules)
for more than thirty (30) days
171
Outside travel for a __________ shall be considered as a courtesy supervision. (Sec 41 [d] of Probation Rules)
cumulative duration of more than thirty (30) days within a period of six (6) months
172
____________, the probationer shall immediately be brought before the Trial Court for a hearing of the violation charged. (Sec 51 of Probation Rules)
Once arrested and detained
173
The hearing of the violation charge of the probationer shall be _______ and he shall have the right to be informed of the violation charged and to adduce evidence in his favor.
summary in nature
174
The period of probation of a defendant sentenced to a term of imprisonment of not more than one (1) year shall
not exceed two (2) years.
174
When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the rate established, in _____________, as amended. (Sec. 14 [b] of PD 968)
Article thirty-nine of the Revised Penal Code
175
The period of probation of a defendant sentenced to a term of imprisonment of more than one year shall
not exceed six (6) years
175
When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall _________________ of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised Penal Code, as amended. (Sec. 14 [b] of PD 968)
not be less than nor to be more than twice the total number of days
176
Early termination of the probation period of probationers may be granted if they have already served _______ of the imposed period of probation and in no case shall the actual supervision period be less than six (6) months. (Sec. 55 [b] of Probation Rules)
ONE-THIRD (1/3);
177
Early termination of the probation period of probationers may be granted if they have already served one-third (1/3) of the imposed period of probation and in no case shall the actual supervision period be ________
LESS THAN SIX (6) MONTHS
178
Probationers may be recommended for the early termination of their probation period if they have to travel abroad due to an approved application for scholarship, observation tour or study grant for a period __________
NOT LESS THAN SIX (6) MONTHS;
178
The probationer shall prepare the motion for the modification or early termination of probation addressed to the Court which has control and supervision over the probationer concerned and the motion shall thereafter be forwarded for review and clearance to the Regional Director who shall act on said motion __________ after receipt of the same. (Sec. 56 [b] of Probation Rules)
WITHIN A PERIOD OF THREE (3) DAYS;
178
If the motion the modification or early termination of probation be approved by the Regional Director, the Supervising Probation Officer on case shall file the same with the Trial Court ____________ after receipt thereof. (Sec. 56 [c] of Probation Rules)
WITHIN TWO (2) DAYS;
178
Appointed Probation Aides so appointed may hold office during good behavior for a period of _________, renewable at the end of each period. (Sec. 58 [b] of Probation Rules)
two (2) years
179
The services of appointed Probation Aides may at any time be terminated by the appointing authority for unsatisfactory performance for at least __________ as determined by the proper Offices and/or for other lawful and valid cause(s). (Sec. 58 [b] of Probation Rules)
two (2) consecutive semesters
180
The City and Provincial Parole and Probation Office shall submit to the Trial Court a Probation Officer’s Final Report within ______ before the expiration of the period of probation. (Sec. 61 [b] of Probation Rules)
thirty (30) days
181
__________ of the Termination Order finally discharging the probationer, the Probation Office shall formally close the probation case and keep clients case file. (Sec. 64 of Probation Rules)
After actual receipt
182
The Probation Offices through the CPPO shall submit within ___________ to the Administrator (Attn.: Case Management and Records Division), copy furnished the Regional Director’s concerned, their Monthly Caseload Summary Reports and their attachment. (Sec. 66 of Probation Rules)
the first ten (10) days of the ensuing month
182
The Probation Offices shall also submit within _____________ to the Administrator, copies furnished the RDs and the PPA Planning Staff with their respective Semestral Accomplishment Progress Reports containing among others, the list and brief description of their work accomplishments for the quarter, their encountered problems and suggested solutions, and other related matters. (Sec. 67 of Probation Rules)
the first fifteen (15 ) days of the ensuing semester
183
The Regional Offices through the RDs shall submit within _______ to the Administrator, copy furnished the PPA Planning Staff, their respective Annual Reports containing, among others, operational highlights, special programs and projects undertaken and/or other significant accomplishments for the year. (Sec. 68 of Probation Rules)
thirty (30) days of the ensuing year
