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Correctional System of the Philippines 2.

The branch of criminology concerned with prison


management and prison rehabilitation.
A. Penology
The Correctional System in the Philippines is
B. Sociology
composed of six agencies under three distinct and
C. Correction
separate departments of the national
D. Anthropology
government. That three departments of the
national government are the following:
3. Getting back at someone for something they did to
1. The Department of Justice
hurt you.
2. The Department of the Interior and Local
A. Punishment
Government
B. Retribution
3. The Department of Social Welfare and Development
C. Justification
D. Penalty
Bureau of Corrections - is an agency under the
Department of Justice mandated to carry out
4. A punishment for some violation of conduct which
institutional rehabilitation programs of the government
involves the infliction of pain on or harm to the body.
for national offenders, those sentenced to more
A. Penalty
than three years and to ensure their safe custody. It is
B. Punishment
composed of seven operating institutions located all
C. Banishment
over the country to accept national prisoners. The
D. Corporal punishment
central office is located in the New Bilibid Prison,
Muntinlupa City, Metro Manila, where the director, the
5. French penal colony from 1852 to 1959 where
assistant director and the general administration staff
political prisoners are exiled.
are holding official functions.
A. Devil's island
B. Tasmanian island
Bureau of Correction Mandate - The rehabilitation of
C. Robben Island
national prisoners.
D. Cape of good hope
Bureau of Correction Slogan - bringing back the
6. A prison reformer who published an influential book
dignity of man.
that proposed prison reform.
A. Elizabeth Fry
Bureau of Correction Principles
B. John Howard
- accomplishing its mandated objectives and
C. John Goodman
performing its assigned functions.
D. Victoria Azarenka
1. To confine prisoners by giving them adequate living
spaces as the first conditions to be met before any
7. An English reformer sometimes referred to as the
effective rehabilitation programs can be undertaken.
"angel of prisons" because of her driving force behind
2. To prevent prisoners from committing crime while in
new legislation to treat prisoners humanely.
custody.
A. Elizabeth Fry
3. To provide humane treatment by affording them
B. John Howard
human basic needs in the prison environment and
C. John Goodman
prohibiting cruel methods and provide a variety of
D. Alex Morgan
rehabilitation program.
8. A prison complex located at the coast of Capetown
Bureau of Corrections Operating Institutions
South Africa which serve as a refugee camp for people
1. New Bilibid Prisons - Muntinlupa City
afflicted with leper before converted into a prison.
2. Correctional Institution for Women - Mandaluyong
A. Port Arthur
City
B. Robben island
3. Iwahig Prison and Penal Farm - Puerto Princesa City
C. Pennsylvania prison
4. Davao Prison and Penal Farm - Davao del Norte
D. Elmira prison
5. Sablayan Prison and Penal farm - Occidental
Mindoro
9. A penal method of the 19th century in which persons
6. San Ramon Prison and Penal Farm - Zamboanga City
worked during the day and were kept in solitary
7. Leyte Regional Prison - Leyte
confinement at night and silence enforced at all times.
A. Auburn System
Institutional Programs
B. U.K system
1. Inmate work program
C. Pennsylvania system
2. Health care
D. Irish system
3. education and skills training
4. Recreation and Sports
10. The first reformatory prison.
5. Religious guidance and behavior modification using
A. Auburn prison
the therapeutic
B. Pennsylvania prison
community approach.
C. New York correctional facility
D. Elmira correctional facility
Penal Management Review Questions 1
Remember the following: Penal Management
1. The authoritative imposition of something negative 1. Punishment - The authoritative imposition of
or unpleasant on a person in response to behavior something negative or unpleasant on a person in
deemed wrong by law. response to behavior deemed wrong by law.
A. Punishment
B. Banishment 2. Penology - The branch of criminology concerned
C. Retribution with prison management and prison rehabilitation.
D. Penalty
3. Retribution - Getting back at someone for 9. A
something they did to hurt you. 10. D

4. Corporal punishment - A punishment for some


violation of conduct which involves the infliction of pain Probation Law of the Philippines PD 968
on or harm to the body.
What is Probation? ans.- is a disposition under which
5. Devil's island - French penal colony from 1852 to
a defendant after conviction and sentence is released
1959 where political prisoners are exiled.
subject to conditions imposed by the court and to the
6. John Howard - A prison reformer who published an supervision of a probation officer.
influential book that proposed prison reform.
Who can apply for Probation? ans. any first-time
7. Elizabeth Fry - An English reformer sometimes convicted offender who is 18 years old or above.
referred to as the "angel of prisons" because of her
driving force behind new legislation to treat prisoners Is probation a right? ans. no, it is a mere privilege
humanely. for adult offenders. Under RA 9344 (Juvenile Justice
and Welfare Act of 2006) a child in conflict with the law
8. Robben island - A prison complex located at the (CICL) is granted the right to probation as an
coast of Capetown south Africa which serve as a
alternative to imprisonment if qualified under the
refugee camp for people afflicted with leper before
Probation law.
converted into a prison.

9. Auburn System - A penal method of the 19th Where shall an application for Probation be filed?
century in which persons worked during the day and ans. the application shall be filed with the court that
were kept in solitary confinement at night and silence tried and sentenced the offender.
enforced at all times.
What will happen if the application for Probation
10.Elmira correctional facility - The first reformatory is denied? ans. the offender will be sent by the
prison. sentencing court to prison to serve his sentence.

11.Notable elements of Auburn system When should an application for Probation be


a. stripped uniform filed? ans. any time before the offender starts serving
b. lockstep
his sentence but within 15 days from the promulgation
c. silence
of notice of judgment of conviction. Under section 42 of
12.Auburn correctional facility - the site of the first RA 9344, The Juvenile Justice and Welfare Act of 2006,
execution by electric chair in 1890. the court may after it shall have sentenced a child in
conflict with the law and upon application at any time
13.Pennsylvania system - penal method based on placed the child on probation in lieu of service of his
the principle that solitary confinement fosters penitence sentence.
and encourages reformation. Superseded by the
Auburn system. May an offender be released from confinement
while his application for Probation is pending?
14.Separate system - is a form of prison ans. yes, the applicant may be released under the bail
management based on the principle of keeping he filed in the criminal case or under recognizance.
prisoners in solitary confinement.
How many times can one be granted Probation?
15.Magna Carta - Englands historic document which
ans. only once.
states that no man could be imprisoned without trial.

16.Port Arthur - located in Tasmania, Australia, is a RULES ON GRANT OF PROBATION


penal colony which is the destination for the hardest
English prisoner during the middle of the 19th century. 1. After having convicted and sentenced a
defendant, the trial court may suspend the
17.Banishment - to force offenders to leave a country, execution of the sentence and place the
home, or place by official decree. defendant on probation, upon application by
the defendant within the period for perfecting
18.Piracy act of 1717 - was an act of the parliament an appeal.
of Great Britain that established a 7 years penal 2. Probation may be granted whether the
transportation to North America as a possible sentenced imposed a a term of imprisonment
punishment for those convicted of lesser felonies. or fine only.
3. No application for probation shall be
Answers: Penal Management entertained or granted if the defendant has
perfected an appeal.
1. A 4. Filing of application for probation operate as a
2. A waiver of the right to appeal.
3. B 5. The order granting or denying probation shall
4. D not be appealable.
5. A 6. Accessory penalties are deemed suspended
6. B once probation is granted.
7. A 7. The convict is not immediately put on
8. B probation. There shall be a prior investigation
by the probation officer and a determination 1. Mandatory or general once violated, the
by the court. probation is cancelled.
1) To report to the probation officer within 72
hours after he receives the order of the court
Will Probation be automatically granted to one granting probation.
whose sentence is 6 years or less? ans. no, the 2) To report to his probation officer at least once a
applicant may be denied by the court if: month.
1. The offender would be better rehabilitated if he/ 3) not to commit any other offense while on
she is sent to prison to serve his/her sentence. probation.
2. There is undue risk that the offender will likely
commit another crime. 2. Discretionary or special additional conditions
3. Probation will depreciate the seriousness of the which the court may additionally impose for the
offense committed. probationers correction and rehabilitation
outside prison. The enumeration is not exclusive, as
long as the probationers Constitutional rights are not
Under section 70 of RA 9165, the jeopardized.
Comprehensive Dangerous Drugs Act of 2002,
the court may in its discretion, placed the
accused under probation even if the sentence
How long is the period of probation? ans.
provided under section 11 of the act is higher
than that provided under the probation law. 1. not more than 2 years if the sentence of the
offender is 1 year or less.
2. not more than 6 years if the sentence is more than
What will happen if a probationer violates the
one year.
conditions of probation? ans.
3. When the penalty is a fine only and the offender
1. The court may modify the conditions of probation
is made to serve subsidiary imprisonment, probation
or revoke the same.
shall be twice the total number of days of subsidiary
2. If the violation is serious, the court may order the
imprisonment
probationer to serve his prison sentence.
3. The probationer may also be arrested and criminally
What is Parole? ans. it is the release of a prisoner
prosecuted if the violation is a criminal offense.
from prison after serving the minimum period of his
indeterminate sentence.
The court order shall not be subject to
appeal. Who cannot be granted parole? ans. generally,
Probation is not coterminous with its period. those sentenced to a term of imprisonment of one year
There must be an order issued or less or to a straight penalty or to a prison
by the court discharging the probationer. sentence without a minimum term of imprisonment.
Upon
finding that he has fulfilled the terms and Who may grant parole to a prisoner? ans. the
conditions of his probation, the court may board of pardon and parole, an agency under the
order the final discharge of the probationer. Department of Justice.
This shall have the following effects:
a. case is deemed terminated.
When may a prisoner be granted parole? ans.
b. all civil rights suspended or lost are
whenever the board of pardon and parole finds that
restored.
there is a reasonable probability that if released, the
prisoner will be law abiding and that his release will not
c. offender's liability for any fine imposed is be incompatible with the interest and welfare of society
discharged. and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of
Who are disqualified from the benefits of imprisonment.
probation: ans.
1. Those sentenced to serve a prison term of more 6 What happens if a parolee violates the conditions
years. of his parole? ans. he shall be rearrested and
2. Those convicted of any crime against the national recommitted or returned to prison to serve the
or the public order. unexpired portion of the maximum period of his
3. Those previously convicted of an offense which is sentence.
punished by imprisonment of not less than one
month and one day imprisonment and/or a fine of What is executive clemency? ans. it refers to the
not less than P200. commutation of sentence, conditional pardon and
4. Those who have been placed on probation once. absolute pardon may be granted by the president upon
5. Those serving sentence. recommendation of the board.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus What is commutation of sentence? ans. it is the
election code, insurgency law, wage rationalization reduction of the period of a prison sentence.
act.
What is conditional pardon? ans. it is the conditional
There are two kinds of conditions imposed upon exception of a guilty offender for the punishment
the offender under probation: imposed by a court.
What is absolute pardon? ans. it is the total 4. Probationer - a person placed on probation.
extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever Probation officer - one who investigates for the court
resulting to the full restoration of his civil rights. a referral for probation or supervises a probationer or
both.
Who may file a petition for conditional pardon?
ans. a prisoner who has served at least one half of the
maximum of the original indeterminate and/or definite
The Probation administration shall be headed
by the Probation administrator who shall be
prison term.
appointed by the president of the Philippines.

Who may grant commutation of sentence and


There shall be an assistant probation
administrator who shall assist the
pardon? ans. the president.
administrator perform such duties as may be
assigned to him by the latter and as may be
Who may file a petition for commutation of provided by law.
sentence?
ans. the board may review the petition of a prisoner
Qualifications of the Administrator and Assistant
for commutation of sentence if he/she meets the
Probation Administrator.
following minimum requirement:

1. at least 35 years of age


at least 1/2 (one half) of the minimum of his 2. holder of a masters degree or its equivalent in
indeterminate and/or definite prison term or either criminology, social work, corrections,
the aggregate minimum of his determinate penology, psychology, sociology, public
and/or prison terms. administration, law, police science, police
at least 10 years for prisoners sentenced to administration or related field.
one reclusion perpetua or one life 3. at least 5 years of supervisory experience or
imprisonment, for crimes/offenses not be a member of the Philippine bar with at least
punishable under RA 7659 and other special 7 years of supervisory experience.
law.
at least 12 years for prisoners whose
sentences were adjusted to 40 years in Regional Probation officer and Assistant Regional
accordance with the provisions of article 70 of
Probation Officer - appointed by the president upon
the RPC as amended.
the recommendation of the Secretary of Justice.
at least 15 years for prisoners convicted of
heinous crimes as defined in RA 7659
Provincial and City Probation officer - appointed by
committed on or after January 1, 1994 and
the Secretary of justice upon the recommendation of
sentenced to one reclusion perpetua or one life
imprisonment. the administrator and in accordance with civil service
law and rules.
at least 17 years for prisoners sentenced to 2
or more reclusion perpetua of life
imprisonment even if their sentences were Qualifications of Regional, Assistant Regional,
adjusted to 40 years in accordance with the Provincial and City Probation officers.
provision of article 70 of the RPC as amended.
at least 20 years for those sentenced to death 1. Bachelors degree with a major in social work,
which was automatically commuted or reduced sociology, psychology, criminology, penology,
to reclusion perpetua. corrections, police science, administration or
related fields.
Who may file a petition for absolute pardon? ans. 2. at least 3 years in work requiring any of the
above-mentioned disciplines or is a member of
one may file a petition for absolute pardon if he had
the Philippine bar with at least 3 years of
served his maximum sentence or granted final release
supervisory experience.
and discharge or court termination of probation.

Is a prisoner who is released on parole or when practicable, the provincial or city


conditional pardon with parole conditions placed probation officer shall be appointed from
under supervision? ans. yes, the prisoner is placed among qualified residents of the province or
under the supervision of a probation and parole officer. city where he will be assigned to work.

PD 968 - Probation law of 1976 - this is the title of the


decree/law. It took effect July 24, 1976.

Purpose of the law

1. promote the correction and rehabilitation of an


offender by providing him with individualized
treatment.
2. provide an opportunity for the reformation of a
penitent offender which might be less probable
if he were to serve a prison sentence.
3. prevent the commission of offenses.

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