C.A 1 2
C.A 1 2
17. The idea that punishment will be give the offender lesson by
showing to others what would happen to them if they have
committed the heinous crime.
A. Protection
B. Deterrence
C. Lethal injection
D.Stoning Answer: B
21. Which program plays a unique role in the moral and spiritual
regeneration of the prisoner?
A. None of these
B.Work programs
C.Education programs
D.Religious programs Answer: D
28. This branch takes charge of the preparation of the daily menu,
makes foodstuff purchases, prepares and cooks the food and
serves it to the inmates.It maintains a record of daily purchases
and consumption and submits a daily report to the warden.
A. General Services Branch
B. Mittimus Computing Branch
C. Budget and Finance
D. Mess services Branch Answer: D
33. Among the following, which has the authority to grant parole?
A. President
B. Board of Pardons and Parole
C. Director of Prison
D. Court Answer: B
41. What is the type of Jails under the Supervision of the BJMP?
A. Provincial and sub-Provincial Jails
B. City and Municipal Jails
C. Lock up Jails
D. Insular Jails Answer: B
45. Which is a warrant issued by the court bearing its seal and
signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or
detention?
A. Mittimus
B. Detention Mittimus
C. Sentence Mittimus
D. Detention Warrant Answer: C
50. Under the prison service manual, the prescribed color of prison
uniform for maximum security prison is -
A. Orange
B. Brown
C. Stripe Orange
D. Blue Answer: A
53. Aside from protecting the public, imprisonment has for its
latest objective, the
A. reformation of offenders
B. deterrence
C. segregation of offender
D. confinement of Offender Answer: A
54. In the New Bilibid Prison, all medium security prisoners are
confined at the
A. NBP Main Prison
B. Camp Bukang Liwayway
C. Camp Sampaguita
D. Medium Security Prison Answer: C
55. Under the prison rules, who is charged for the hearing of
disciplinary cases in prison?
A. Classification Board
B. Parole Board
C. Administrative Board
D. Disciplinary Board Answer: D
61. The penalty imposed for offenders must be certain. This means
that:
A. The guilty one must be the one to be punished, no proxy.
B. No one must escape its effect
C. It must be equal for all persons
D. The consequence must be in accordance
with law. Answer: B
62. The following are the duties of the custodial force in prison,
except:
A. Censor offender’s items
B. Escort inmates
C. Inspect security devices
D. Conduct disciplinary hearing Answer: D
77. The New Bilibid Prison, the Correctional Institution for Women
(CIW), Iwahig Prison and Penal Farm, and Sablayan Prison and
Penal Farm are all under this agency.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Department of Justice Answer: B
79. Prisoners whose sentences are more than three years to capital
punishment are considered
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: D
80. Prisoners whose sentences are from one day to six months are
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: A
87. The law creating the Bureau of Jail Management and Penology.
A. RA 8551
B. RA 9165
C. RA 6975
D. RA 4890 Answer: C
108. During the 16th up to the 18th century, a criminal may be sent
away from a place carried out by prohibition to coming against a
specified territory. This is an ancient form of punishment called:
A. Exile
B. Transportation
C. Banishment
D. Public trial Answer: C
112. Retaliation is the earliest remedy for a wrong act to any one (in
the primitive society). The concept follows that the victim’s
family or tribe against the family or tribe of the offender, hence
“blood feuds” was accepted in the early primitive societies.
Retaliation means:
A. Personal Vengeance
B. Tooth for a tooth
C. Eye for an Eye
D. All of these Answer: A
114. The sheriff of Bedsfordshire in 1773 who devoted his life and
fortune to prison reform.After his findings on English Prisons, he
recommended the following: single cells for sleeping, segregation
of women, segregation of youth, provision of sanitation facilities,
and abolition of fee system by which jailers obtained money from
prisoners.
A. John Howard
B. Robert Peel
C. William Penn
D. Manuel Montesimos Answer: A
115. Mr. Cruz was convicted of the crime of murder. After 10 days
from the promulgation of the sentence, he escaped from his
place of confinement. He maybe
A. liable for evasion of service of sentence
B. considered as an escaped prisoner
C. not liable for evasion of service of sentence
D. All of these Answer: A
116. Ms. Bantog was convicted for the crime of infanticide. After
serving her sentence she committed again the same crime.Ms.
Ines Bantog maybe considered as a
A. recidivist
B. quasi-recidivist
C. habitual delinguent
D. mentally retarded person Answer: A
117. Ramon, a basketball player, arrested Berto for some legal ground
but he failed to file a complaint against the latter with in the
prescribed period of filing. What crime did Ramon committed?
A. arbitrary detention
B. illegal Detention
C. illegal arrest
D. no crime committed Answer: B
119. The only early Roman place of confinement which was built
under the main sewer of Rome in 64 B.C.
A. Bridewell Workhouse
B. Wulnut Street Jail
C. Burgundian House
D. none of these Answer: D
123. If the warden is taken as the hostage, for all intents and
purposes, he ceases to exercise authority and the next in
command or the __________ officer present shall assume the
command.
A. Veteran
B. Assistant
C. Most senior
D. Custodian Answer: C
126. What is the country, whose early schemes for humanizing the
criminal justice under it’s common law, originated probation.
A. England
B. United States
C. Greece
D. France Answer: A
127. Which of the following does not belong to the common law
practices to which the emergence of probation is attributed?
A. Recognizance
B. Reprieve
C. Benefit of the Clergy
D. Penance Answer: D
130. Who among the following was the builder hospice of San
Michelle, a reformatory for delinquent boys
A. Montesquieu
B. Pope Clement XI
C. Samuel Romily
D. John Howard Answer: B
138. One who investigates for the court a referral for probation or
supervises a probationer or both
A. police officer
B. probationer officer
C. intelligence officer
D. law enforcer Answer: B
148. Under the jail rules, the following are authorized disciplinary
measures imposable to inmate offender except
A. Reprimand
B. Cancellation of visiting privilege
C. Cancellation of food allowance
D. Extra fatigue duty Answer: D
149. The principle of an “eye for an eye” “tooth for a tooth” doctrine
is common among ancient laws, specifically t
A. Code of Draco
B. Hammurabic Code
C. Summerian Code
D. Code of Solomon Answer: B
152. He wrote his book “State of the Prisons” and he was also
considered as the great prison reformer.
A. John Howard
B. John Augustus
C. William Penn
D. Domets of France Answer: A
163. Long, low, narrow, single decked ships propelled by sails, usually
rowed by criminals, a type of ship used for transportation of
criminals in the 16th century. This referred to as the:
A. Gaols
B. Galleys
C. Hulks
D. Stocks Answer: B
165. History has shown that there are three main legal systems in the
world, which have been extended to and adopted by all
countries aside from those that produced them. Among the
three, it was the _____ that has the most lasting and most
pervading influence.
A. Mohammedan Law
B. Anglo-American Law
C. Roman Law
D. Hammurabic Code Answer: C
167. Who is the Director of the English Prison who opened the Borstal
Institution for young offenders? The Borstal Institution is
considered as the best reform institution for young offenders
today.
A. Evelyn Brise
B. Manuel Montesimos
C. Zebulon Brockway
D. Walter Crofton Answer: C
172. The enactment of Republic Act no. 6975 created the BJMP. It
operates as a line bureau under the Department of Interior and
Local Government (DILG). This statement is:
A. partially true
B. partially false
C. true
D. false Answer: C
175. A unit of the prison or a section of the RDC where the prisoner is
given thorough physical examination including blood test, x-rays,
vaccinations and immunity is the:
A. Quarantine cell
B. NBP
C. Death row
D. Control Area Answer: A
181. Parole is not claimed as a right but the Board of Parole grants it
as a privilege to a qualified prisoner. This statement is:
A. partially true
B. partially false
C. true
D. false Answer: B
190. Who among the following was given the title “father of Prison
Reform” in the United States?
A. Zebulon Brockway
B. Robert Peel
C. John Howard
D. Alexander Macanochie Answer: A
192. The concept of probation, from the Latin word “probatio” which
means ___, has historical roots in the practice of judicial
reprieve.
A. walk with faith
B. live with integrity
C. testing period
D. out of prison Answer: C
196. Who was the British prison administrator and reformer, and
founder of the Borstal system?
A. Zebulon Brockway
B. Alexander Mocanochie
C. Evelyn Ruggles Brise
D. Sir John Watson Answer: C
D. Prison Answer: B
Alcatraz - a US federal penitentiary, Often referred to as "The Rock",
the small island of alcatraz was developed with facilities for a lighthouse,
a military fortification, a military prison (1868), and a federal prison
from 1933 until 1963.
Draco - was the first legislator of ancient Athens, Greece, 7th century
BC. He replaced the prevailing system of oral law and blood feud by a
written code to be enforced only by a court.
Galley - a low, flat ship with one or more sails and up to three banks
of oars, chiefly used for warfare or piracy and often manned by slaves
or criminals.
Hammurabi's Code - an ancient code which contain both civil and criminal
law. First known codified law prior to Roman law. Better organized and
comprehensive than biblical law. One of its law is lex taliones (an eye
for an eye)
Hedonism - the ethical theory that pleasure (in the sense of the
satisfaction of desires) is the highest good and proper aim of human life.
Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial
PD No. 603 - was promulgated to provide for the care and treatment of
youth offenders from the time of apprehension up to the termination
of the case.
Pillory - a wooden framework with holes for the head and hands, in which
offenders were formerly imprisoned and exposed to public abuse.
Prison Hulks - (1776-1857) were ships which were anchored in the Thames,
and at Portsmouth and Plymouth. Those sent to them were employed in hard
labour during the day and then loaded, in chains, onto the ship at night.
Provincial Jail - under the office of the Governor. Where the imposable
penalty for the crime committed is more than six months and the same was
committed within the municipality, the offender must serve his or her
sentence in the provincial jail.
Sing Sing Prison - was the third prison built by New York State. It is
a maximum security prison.
Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim
Tabularum or Duodecim Tabulae) was the ancient legislation that stood
at the foundation of Roman law. Established basic procedural rights
for all Roman citizens as against one another
175. This service provide the most, intensive diagnostic and treatment activities which generality include the
functions of psychiatrist, psychologist, social workers and auxiliary personnel, particularly to offenders with deep
seated emotional problems.
A. Clinical
B. Social
C. Psychological
D. Physiological
176. It refers commission of other crime during service of sentence of penalty imposed for another previous
offense.
A. Quasi-recidivism
B. Recidivism
C. Habitual
D. Quasi habitual
177. A person who is detained for the violation of law or ordinance and has not yet convicted is a;
A. Detention prisoner
B. Sentenced Prisoner
C. Temporary prisoner
D. Conditional prisoner
178. The only one instance when a prisoner maybe given passes or leave from jails or places of confinement, as
maybe allowed by law or regulation, upon approval of the appropriate authority, or the court, if already committed
by court order and upon and recommendation of the warden.
A. Very meritorious cases
B. Unmeritorious case
C. Special Cases
D. In any case
179. Who is responsible for carrying of the treatment program of the prisoner in jails?
A. Classification committee
B. Treatment committee
C. Diversification committee
D. Committee on discipline
180. It detains minimum custody offenders serving short sentence with constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time activities.
A. Workhouse, jail arm or camp house
B. Staff house, Jail facilities
C. Workshop, jail arm or campus
D. None of the above
181. It is that branch of administration of criminal justice system charged with the responsibility for the custody,
supervision, and rehabilitation of the convicted offender.
A. Corrections
B. Law enforcement
C. Courts
D. Prosecution
182. This is also called the guidance or case conference where the prisoner after undergoing all the tests, interviews
and examination appears before the center’s staff in conference of plan out with him his tentative program of
activities the prisoners should undergo including institutional training, recreational program, religious program,
medical and psychiatry services and social services.
A. Staff conference
B. Command conference
C. Officer’s conference
D. Conference for prisoners
183. The first workhouse in England (1557-1576).
A. Bridewell
B. Bridewel
C. Bridewheel
D. Bridwhel
184. BJMP is under the administration of the;
A. DILG
B. DOJ
C. DND
D. DNA
185. The basis of the old school of penology is the human free-will.
A. Classical school
B. Neo Classical
C. Positivist
D. None of the above
186. This charge of financial matters especially in programming, inputting, accounting and other activities related to
financial service, it consolidates and prepared financial reports and related statement of subsistence in the operation
of the jails.
A. Budget and finance branch
B. Mess Service Branch
C. Food Branch
D. All of the above
187. A person can be considered an inmate if;
A. Has committed a crime
B. Was arrested
C. Was investigated
D. All of the above
188. Operation conducted by the BJMP where a prisoner maybe checked at anytime. His bedding, lockers and
personal belongings may also opened at any time in his presence whenever possible.
A. Operation greyhound
B. Frisk and check
C. Counting procedure
D. Checking procedure
189. What is the Executive Department that supervises and controls the numerous Correctional Institutions
nationwide?
A. Department of Justice
B. Department of Interior and Local Government
C. Department of Social Welfare and Development
D. Department of National Defense
190. The Head of the Bureau of Corrections is known as -
A. Chief of the Bureau of Corrections
B. Director of the Bureau of Corrections
C. Superintendent of the Bureau of Corrections
D. None of these
191. What Bureau under the DILG is responsible for the supervision and control of Jails?
A. BJMP
B. Bureau of Corrections
C. Provincial Jail
D. City/Municipalities
192. What are the types of Jails under the Supervision of the BJMP?
A. Provincial and Sub-Provincial Jails
B. City and Municipal Jails
C. District Jails
D. Insular Jails
193. Provincial Jails were first established in 1910 under the American Regime. At present, who supervises and
controls the said jails?
A. BJMP
B. DOJ
C. Provincial Government
D. LGU
194. Who is the Head of the Provincial Jail?
A. Provincial Jail Director
B. Provincial Administrator
C. Provincial Jail Warden
D. Governor
195. What is the primary purpose of imprisonment?
A. Rehabilitation and Reformation
B. To stand trial
C. Punishment
D. Socialization
196. A place of confinement for persons awaiting trial or court action and where the convicted offenders serve short
sentences or penalty of imprisonment is known as
A. Jail
B. Lock-up
C. Penitentiary
D. Detention Cells
197. The act of prisoner trying to convert or induce another to change his religious beliefs, sect or the like to another
while under confinement is referred to as
A. Proselytizing
B. Initiation
C. Fraternization
D. Inducement
198. A warrant issued by the court bearing its seal and signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or detention is known as -
A. Mittimus
B. Detention Mittimus
C. Sentence Mittimus
D. Detention Warrant
199. The entrusting for confinement or an offender to a jail by competent court or authority for investigation, trial
and or service of sentence is referred to as
A. Commitment
B. Detention
C. Imprisonment
D. Recognizance
200. The mechanical device or contrivance, tools or implement used to hold back, keep in check or under control is
the
A. Instrument of Restraint
B. Iron leg Lock
C. Handcuffs
D. metallic chains
Correctional Administration
The Correctional System in the Philippines is composed of six agencies under three distinct and separate
departments of the national government. That three departments of the national government are the following:
1. The Department of Justice
2. The Department of the Interior and Local Government
3. The Department of Social Welfare and Development
Bureau of Corrections - is an agency under the Department of Justice mandated to carry out institutional
rehabilitation programs of the government for national offenders, those sentenced to more than three years and to
ensure their safe custody. It is composed of seven operating institutions located all over the country to accept
national prisoners. The central office is located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the
director, the assistant director and the general administration staff are holding official functions.
Bureau of Correction Mandate - The rehabilitation of national prisoners.
Bureau of Correction Slogan - bringing back the dignity of man.
Bureau of Correction Principles
- accomplishing its mandated objectives and performing its assigned
functions.
1. To confine prisoners by giving them adequate living spaces as the
first conditions to be met before any effective
rehabilitation programs can be undertaken.
2. To prevent prisoners fro committing crime while in custody.
3. To provide humane treatment by affording them human basic
needs in the prison environment and prohibiting
cruel methods and provide a variety of rehabilitation program.
Bureau of Corrections Operating Institutions
1. New Bilibid Prisons - Muntinlupa City
2. Correctional Institution for Women - Mandaluyong City
3. Iwahig Prison and Penal Farm - Puerto Princesa City
4. Davao Prison and Penal Farm - Davao del Norte
5. Sablayan Prison and Penal farm - Occidental Mindoro
6. San Ramon Prison and Penal Farm - Zamboanga City
7. Leyte Regional Prison - Leyte
Institutional Programs
1. Inmate work program
2. Health care
3. education and skills training
4. Recreation and Sports
5. Religious guidance and behavior modification using the therapeutic
community approach.
1. It is the authority of the President of the Philippines to
suspend the execution of a penalty, reduce the sentence and
extinguish criminal liability.
A. Parole
B.Executive clemency
C. Pardon
D.President’s clemency Answer: B
2. The B.J.M.P. is under the administration of the:
A. Executive Department
B. P.N.P.
C. D.I.L.G.
D. D.O.J Answer: C
3. There are three (3) casework techniques applied by the parole
officer, which is not included?
A. The trick and treat techniques
B.The executive techniques
C.The guidance, counseling and leadership techniques
D.The manipulative techniques Answer: A
4. The basis of this old school of penology is the human free-will.
A. Penology School
B. Classical School
C. Neo-classical
D. Positivist Answer: B
5. This helps the prisoner/detainee in the resolution of his problems
A. Meeting
B. Working
C. Recreation
D. Counselling Answer: D
6. Takes charge of financial matters especially in programming,
budgeting, accounting, and other activities related to financial
services. It consolidates and prepares financial reports and
related statements of subsistence outlays and disbursements in
the operational of the jail.
A. Budget and finance branch
B. General services branch
C. Property and supply branch
D. Mess services branch Answer: A
7. Operation conducted by the BJMP wherein a prisoner maybe
checked at any time. His beddings, lockers and personal
belongings may also be opened at anytime, in his presence,
whenever possible. This practice is known as:
A. Check and balance
B. S.O.P.
C. Inventory
D. Operation Greyhound Answer: D
8. Pardon cannot be extended to one of the following instances.
A. Murder
B. Brigandage
C. Rape
D. Impeachment Answer: D
9. It refers to commission of another crime during service of
sentence of penalty imposed for another previous offense.
A. Recidivism
B. Delinquency
C. Quasi-recidivism
D. City prisoner Answer: C
10. A person who is detained for the violation of law or ordinance
and has not been convicted is a -
A. Detention Prisoner
B. Provincial Prisoner
C. Municipal Prisoner
D. City Prisoner Answer: A
11. The following are forms of executive clemency, EXCEPT
A. Commutation
B. Reform model
C. Amnesty
D. Pardon Answer: B
12. It is that branch of the administration of Criminal Justice
System charged with the responsibility for the custody,
supervision, and rehabilitation of the convicted offender.
A. conviction
B. corrections
C. penalty
D. Punishment Answer: B
13. Which of the following instances Pardon cannot be exercised?
A. before conviction
B. before trial
C. after conviction
D. during service of sentence Answer: B
14. This is a procedure which permits a jail prisoner to pursue
his normal job during the week and return to the jail to serve
his sentence during the weekend or non-working hours.
A. Amnesty
B. good conduct time allowance
C. probation
D. delayed sentence Answer: D
15. The following are the justifications of punishment, EXCEPT
A. Retribution
B. Deterrence
C. Redress
D. Expiration or atonement Answer: C
16. Pardon is exercised when the person is __.
A. already convicted
B. not yet convicted
C. about to be convicted
D. serve the sentence Answer: A
17. The idea that punishment will be give the offender lesson by
showing to others what would happen to them if they have
committed the heinous crime.
A. Protection
B. Deterrence
C. Lethal injection
D.Stoning Answer: B
18. For a convicted offender, probation is a form of __.
A. Punishment
B. Treatment
C. Enjoyment
D. Incarceration Answer: B
19. For amnesty to be granted, there should be __.
A. Recommendation from U.N.
B. Recommendation from C.H.R.
C. Application from C.H.R
D. Concurrence of the congress Answer: D
20. The head of the Bureau of Corrections is the
A. Director
B. Secretary of the DND
C. Chief of Executive
D. Prison Inspector Answer: A
21. Which program plays a unique role in the moral and spiritual
regeneration of the prisoner?
A. None of these
B.Work programs
C.Education programs
D.Religious programs Answer: D
22. It is a penalty wherein a convicted person shall not be permitted
to enter the place designated in the sentence or within the radius
therein specified, which shall not be more than 250 and not less
than 25 kilometers from the place designated.
A. Fine
B. None of these
C. P22.00/day
D. P19.00/day Answer: B
23. Giving punishment to a person so to serve as an example to
others is the theory of
A. Self-defense
B. Social defense
C. Exemplary
D. Equality Answer: C
24. The purpose of the decree on probation shall be to
A. provide an opportunity for the reformation of a
penitent offender
B. prevent the commission of offenses
C. promote the correction and rehabilitation of an offender
by providing him with individualized treatment
D. All of these Answer: D
25. In the Philippines, the most common problem of the
National Prison is
A. Excessive number of escapes
B. Overcrowding
C. Disagreement about their mess
D. Lack of adequate funding Answer: D
26. A justification of penalty which states that nobody can assume
the suffering for a crime committed by others.
A. Justice
B. Personal
C. Legal
D. Certain Answer: B
27. These are the factors considered in diversification, EXCEPT;
A. Age of offenders
B. Mother of offender
C. Sex of offenders
D. Medical condition Answer: B
28. This branch takes charge of the preparation of the daily menu,
makes foodstuff purchases, prepares and cooks the food and
serves it to the inmates. It maintains a record of daily purchases
and consumption and submits a daily report to the warden.
A. General Services Branch
B. Mittimus Computing Branch
C. Budget and Finance
D. Mess services Branch Answer: D
29. Under Article VII, Section 10 paragraph (B) of the Philippines
Constitution, pardoning power is vested with the
A. Department of Justice
B. Judiciary
C. Chief Executive
D. Legislative Answer: C
30. The temporary stay of execution of sentence is called
A. Reprieve
B. Pardon
C. Communication
D. Amnesty Answer: A
31. Parole is a matter of ___.
A. Privilege
B. Right
C. Grace
D. Requirement Answer: A
32. This group consists of chronic troublemakers but not as
dangerous as the super security prisoners. They are not
allowed to work outside the institution.
A. maximum security prisoners
B. super security prisoners
C. minimum security prisoners
D. medium security prisoners Answer: A
33. Among the following, which has the authority to grant parole?
A. President
B. Board of Pardons and Parole
C. Director of Prison
D. Court Answer: B
34. A recipient of absolute pardon is ________ from civil
liability imposed upon him by the sentence.
A. partially exempted
B. exempted
C. conditionally exempted
D. not exempted Answer: D
35. It is an act of clemency which changes a heavier sentence to
a less serious one or a longer term to a shorter term.
A. Amnesty
B. Commutation
C. Reprieve
D. none of these Answer: B
36. ___ is an act of grace and the recipient is not entitled to
it as a matter of right.
A. Pardon
B. Parole
C. Probation
D. none of these Answer: B
37. In probation system’s philosophy and concept, it is stated
that the individual has the ability to ____ and to modify
his anti-social behavior with the right kind of help.
A. challenge
B. none of these
C. change
D. aggravate his behavior Answer: C
38. The Bureau of Corrections is under the _____.
A. Department of Social Welfare and Development
B. Department of Justice
C. Department of the Interior and Local Government
D. Department of Health Answer: B
39. A person who is sentenced to serve a prison term of over three
(3) years is a _________________.
A. Municipal prisoner
B. Detention prisoner
C. National or Insular prisoner
D. City prisoner Answer: D
40. The Head of Bureau of Corrections is also the
A. Chief of the Bureau of Corrections
B. Director of the Bureau of Corrections
C. Superintendent of the Bureau of Corrections
D. Warden Answer: B
41. What is the type of Jails under the Supervision of the BJMP?
A. Provincial and sub-Provincial Jails
B. City and Municipal Jails
C. Lock up Jails
D. Insular Jails Answer: B
42. Provincial Jails were first established in 1910 under the
American Regime. At present, who supervises and controls the
said jails?
A. BJMP
B. Provincial Government
C. DOJ
D. Municipal or City Mayor Answer: B
43. What is the primary purpose of imprisonment?
A. Rehabilitation and Reformation
B. To stand trial
C. Punishment
D. Socialization Answer: A
44. Which is a place of confinement for persons awaiting trial or
court action and where the convicted offenders serve short
sentences or penalty of imprisonment?
A. Jail
B. Lock-up
C. Penitentiary
D. Detention Cells Answer: A
45. Which is a warrant issued by the court bearing its seal and
signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or
detention?
A. Mittimus
B. Detention Mittimus
C. Sentence Mittimus
D. Detention Warrant Answer: C
46. The maintenance or care and protection accorded to people who
by authority of law are temporarily incarcerated for violation
of laws and also those who were sentenced by the court to serve
judgment is called –
A. custody
B. safe-keeping
C. classification
D. caring Answer: A
47. Which of these refers to the assigning or grouping of offenders
according to their sentence, gender, age, nationality, health,
criminal record, etc.?
A. None of these
B. Custody
C. Security
D. Safe-keeping Answer: A
48. The institution for dangerous but not incorrigible prisoners
in the Philippines is the
A. NBP
B. Medium Security Institution
C. Maximum Security Institution
D. Minimum Security Institution Answer: B
49. The act of grace from a sovereign power inherent in the
state which exempts an individual from the punishment which the
law imposes or prescribes for his crime, extended by the President
thru the recommendation of the Board of Parole and Pardon is
called
A. Amnesty
B. Parole
C. Pardon
D. Probation Answer: C
50. Under the prison service manual, the prescribed color of prison
uniform for maximum security prison is -
A. Orange
B. Brown
C. Stripe Orange
D. Blue Answer: A
51. When an inmate is given a “shakedown” before admission, it
means:
A. He has taken the process of identification, record,
fingerprint and photograph
B. He has been examined for contraband
C. His commitment paper are delivered to record clerk
D. All of these Answer: B
52. An inmate maybe granted parole if he
A. earned good conduct time allowance credit
B. serve minimum sentence
C. earned good behavior while serving prison term
D. all of these Answer: D
53. Aside from protecting the public, imprisonment has for its
latest objective, the
A. reformation of offenders
B. deterrence
C. segregation of offender
D. confinement of Offender Answer: A
54. In the New Bilibid Prison, all medium security prisoners are
confined at the
A. NBP Main Prison
B. Camp Bukang Liwayway
C. Camp Sampaguita
D. Medium Security Prison Answer: C
55. Under the prison rules, who is charged for the hearing of
disciplinary cases in prison?
A. Classification Board
B. Parole Board
C. Administrative Board
D. Disciplinary Board Answer: D
56. The form of conditional release that is granted after a
prisoner has served a portion of his sentence in a correctional
A. Conditional pardon
B. Probation
C. Parole
D. Commutation Answer: C
57. In jails or prisons, which of the following is a function of
the Custodial Division?
A. Supervision of prisoners
B. Escort of inmates or prisoners
C. Keeping of records
D. None of the above Answer: B
58. The putting of offenders in prison for the purpose of protecting
the public and at the same time rehabilitating them by requiring
the latter to undergo institutional treatment program is
referred to as:
A. Imprisonment
B. Trial
C. Conviction
D. Detention Answer: A
59. The Sablayan Penal Colony and Farm, a National Penitentiary in
the Philippines under the BUCOR is located in ____.
A. Palawan
B. Zamboanga
C. Davao
D. Occidental Mindoro Answer: D
60. In Babylon, about 1990 BC, this is credited as the oldest
code prescribing savage punishment but in fact ___ is nearly.
100 years older
A. Hammurabic Code
B. Sumerian Code
C. Justinian Code
D. Code of Draco Answer: B
61. The penalty imposed for offenders must be certain. This means
that:
A. The guilty one must be the one to be punished, no proxy.
B. No one must escape its effect
C. It must be equal for all persons
D. The consequence must be in accordance
with law. Answer: B
62. The following are the duties of the custodial force in prison,
except:
A. Censor offender’s items
B. Escort inmates
C. Inspect security devices
D. Conduct disciplinary hearing Answer: D
63. As a rule, when a jailbreak, escape or riot is in progress or has
just been perpetuated in the jail, the officer at the control
centers shall immediately:
A. sound the alarm
B. locked prisoners in their respective cells
C. Notify the nearest police precinct
D. call the warden or the director Answer: A
64. In case of mass jailbreak, all members of the custodial force
shall immediately issued firearms and assigned to critical posts to:
A. plug off the escape routes
B. to shoot the escapees
C. protect the other inmates
D. to give warning shots Answer: A
65. Which of these is known as the Adult Probation Law, which
grants probation to prisoner sentenced to term in prison of not
more than six (6) years?
A. PD 603
B. RA 698
C. PD 968
D. PD 869 Answer: C
66. The continuing relationship between probation officer and
probationer is known as –
A. Affiliation Guidance
B. Pre-sentenced Investigation
C. Supervision
D. Probation Guidance Answer: C
67. Those who have been once on probation under the Probation
Law:
A. are qualified to apply for probation
B. are disqualified to apply for probation
C. may be granted for another probation
D. should be confined in prison Answer: B
68. This pillar/component of our criminal justice system has been
regarded the weakest pillar due to its failure to eliminate
recidivism and habitual offenders.
A. law enforcement
B. prosecution
C. court
D. correction Answer: D
69. The traditional goal of penology is
A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: B
70. The attempt to prevent future crimes through fear of
punishment.
A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: B
71. The task of changing an offender’s attitude so that he or she
may not commit another crime in the future.
A. Retribution
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: D
72. The idea that re-entry of an offender should be in the
mainstream of society rather than the usual abrupt re-entry
at the end of a prison sentence.
A. Reintegration
B. Deterrence
C. Incapacitation
D. Rehabilitation Answer: A
73. They were known as Bridewells, which started in 1553 and
served as training schools for delinquent youths, provided
housing and support for older and poorer persons,
and detained vagrants.
A. House of Corrections
B. Workhouses
C. Common jails
D. Penal colonies Answer: B
74. It direct, supervise and control the administration and operation
of all district, city and municipal jails to implement a better
system of jail management nationwide
A. Bureau of Jail Management and Penology
B. Department of Justice
C. Bureau of Corrections
D. Parole and Probation Administration Answer: A
75. It exercise supervision and control over provincial jails.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration Answer: C
76. An agency under the Department of Justice that is charged with
custody and rehabilitation of national offenders, that is, those
sentenced to serve a term of imprisonment of more than three
(3) years
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration Answer: B
77. The New Bilibid Prison, the Correctional Institution for Women
(CIW), Iwahig Prison and Penal Farm, and Sablayan Prison and
Penal Farm are all under this agency.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Department of Justice Answer: B
78. An attached agency of the Department of Justice which provides
a less costly alternative to imprisonment of offenders who are
likely to respond to individualized community based treatment
programs.
A. BJMP
B. Bureau of Corrections
C. Provincial Government
D. Parole and Probation Administration Answer: D
79. Prisoners whose sentences are more than three years to capital
punishment are considered
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: D
80. Prisoners whose sentences are from one day to six months are
A. municipal prisoners
B. provincial prisoners
C. city prisoners
D. insular prisoners Answer: A
81. A prison model which sought penitence (hence the term
penitentiaries) through total individual isolation and silence.
A. Pennsylvania Prison Model
B. Auburn Prison Model
C. Work Release
D. Halfway Houses Answer: A
82. A prison model where incarcerated persons are allowed to work
outside the institution that houses them.
A. Pennsylvania Prison Model
B. Auburn Prison Model
C. Work Release
D. Halfway Houses Answer: B
83. An alternative to incarceration granted after a convicted person
served a part of his sentence and is allowed to complete a
sentence at large, subject to restrictions and supervision.
A. Probation
B. Work release
C. Parole
D. Halfway houses Answer: C
84. An alternative to incarceration that allow convicted persons
to remain at large and under varying degrees of restriction
and supervision and certain conditions imposed by the
granting court.
A. Probation
B. Work release
C. Parole
D. Halfway houses Answer: A
85. A correctional institution that has the authority to detain
persons awaiting trial or adjudication or confine convicted
offenders for a short period of time.
A. Halfway houses
B. Penal colonies
C. Jails
D. All of these Answer: C
86. A correctional institution that has the authority to detain
convicted offenders for longer or extended period of time,
including those who are waiting their death sentence.
A. Halfway house
B. Farm house
C. Jail
D. Prison Answer: D
87. The law creating the Bureau of Jail Management and Penology.
A. RA 8551
B. RA 9165
C. RA 6975
D. RA 4890 Answer: C
88. Who among the following is a provincial prisoner?
A. A prisoner serving a term below six (6) years
B. A prisoner serving a term of six (6) years and up
C. A prisoner serving a term of six (6) months and one
(1) day to three (3) years
D. A prisoner serving a term of three (3)years and one
(1) day up Answer: C
89. This theory in criminology states that people are totally
responsible for their behaviors and the stress is more on the
effect of their felonious act than upon the criminal.
A. Positivist Theory
B. Psychological Theory
C. Biological Theory
D. Classical Theory Answer: D
90. Which of the following is an executive clemency that requires
the concurrence of congress?
A. Probation
B. Pardon
C. Amnesty
D. Parole Answer: C
91. The Parole and Probation Administration administers the _____
Correctional Program.
A. Institutional
B. Integrated
C. Community – based
D. Traditional Answer: C
92. A minimum and maximum amount of time to be served in prison is
referred to as
A. a corporal punishment
B. a determinate sentence
C. an indeterminate sentence
D. a capital punishment Answer: C
93. Pedro was required to provide financial remuneration for the
losses incurred by the victim. What is the type of penalty
described?
A. Bond
B. Retribution
C. Restitution
D. Remuneration Answer: C
94. What kind of program employs prisoners in various product or
good producing tasks?
A. Agricultural
B. Operational
C. Industrial
D. Administrative Answer: C
95. What crimes apparently have no complaining victims such as
gambling, prostitution and drunkenness?
A. Complex Crime
B. Compound Crime
C. Blue Collar crimes
D. Victimless crimes Answer: D
96. Which agency performs the evaluation of prisoner’s fitness and
qualifications for the grant of pardon or parole?
A. Punishment, confinement retribution, treatment
B. Retribution, Deterrence, incapacitation, rehabilitation
C. Deterrence, retribution, punishment treatment
D. None of the above Answer: D
97. Which of the following should a probationer avoid?
A. Make periodic report
B. Go and play in the gambling den
C. Work regularly to support family
D. Stay away from bad associates. Answer: B
98. The Supreme Court automatically reviews the cases of criminals
convicted and meted out the penalty of
A. 12 years 6 months and one day
B. Death
C. Life imprisonment
D. 6 years one month and one day Answer: B
99. The ________ theory in crime causation focuses on the criminal
disorders, chromosomes irregularity and abnormal brain activity.
A. None of these
B. Age Reform
C. Age of Discernment
D. Age of Reason Answer: A
100. What correctional institution houses accused persons awaiting
trial?
A. Rehabilitation center
B. Jail
C. Halfway house
D. Prison Answer: B
Penology defined. :
Penology defined. RHEM RICK CORPUZ Penology is the study of punishment for crime or of criminal offenders.
It includes the study of control and prevention of crime through punishment of criminal offenders. It is a term
derived from the Latin word “poena” which means pain or suffering. Also known as Penal Science
Aims of Penology :
Aims of Penology RHEM RICK CORPUZ To bring light on the ethical barriers of punishment, along with the
motives and purposes of society inflicting it. To make a comparative study of penal laws and procedures through
history between nations. To evaluate the social consequences of the policies enforced at a given time.
Correction defined.:
Correction defined. RHEM RICK CORPUZ A branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders . A field of criminal justice administration, which utilizes the
body of knowledge and practices of the government and the society in the general involving the processes of
handling individuals who have been convicted of offenses for purposes of crime prevention and control.
Other terms..:
Other terms.. RHEM RICK CORPUZ Penology is the old term the accepted term now is CORRECTIONS PENAL
MANAGEMENT – refers to the manner or practice of managing or controlling places of confinement as jails or
prisons.
Justifications of Punishment :
Justifications of Punishment RHEM RICK CORPUZ Retribution – during the primitive days, punishment of the
transgressor was carried out in the form of personal vengeance.. Expiation or Atonement – . An offense committed
by a member against another member of the same clan or group aroused the condemnation of the whole group
against the offending member. The group would therefore demand that the offender be punished. Expiation is
therefore, group vengeance as distinguish from retribution which is personal vengeance .
Justifications of Punishment:
Justifications of Punishment RHEM RICK CORPUZ Deterrence – It is commonly believed that punishment gives a
lesson to the offender; that it shows other what would happen if they violate the law; and that punishment holds
crime in check. Protection – Protection as a justification of punishment came after prisons, were fully established.
People believe that by putting the offender in prison, society is protected from his further criminal depredation.
Vicious and dangerous criminals are made to serve long terms of imprisonment to protect the public from harm or
against their dangerous behavior. Reformation – Under this theory, society can best be protected from crime if the
purpose of imprisonment is to reform or rehabilitate the prisoner.
PowerPoint Presentation:
RHEM RICK CORPUZ CONTEMPORARY FORMS OF PUNISHMENT Imprisonment – based on degree of
severity of crime Parole – (After minimum term) Probation – (No imprisonment) Fine – According to set amount
Destierro - (25 kms away)
Code of Eshunna :
Code of Eshunna RHEM RICK CORPUZ Code of Eshunna (ca 1930 BC) – a Sumerian code which forbid accepting
money or objects “from the hands of a slave” or making loans (that is, any transactions with a slave). Moneylenders
are likewise forbidden from taking hostages, whether free men or slaves .
PowerPoint Presentation:
RHEM RICK CORPUZ Code of Lipit-Isthar (ca 1860 BC) - a more popular version the Sumerian law which
chronicles the rights of citizens, marriages, successions, property rights and penalties.
Code of Hammurabi:
Code of Hammurabi First discovered in 1901, these laws are currently the earliest known complete set of codified
laws. Once thought to be the earliest laws until the discovery of a portion of the Code of Lipit-Ishtar (circa 1868
B.C.E.) in the 1930's. These laws are originally scripted on an eight meter monolith stone tablet in the Akkadian
language. The monolith is currently part of the Near Eastern Antiquities Collection at the Lourve Museum in Paris,
France. Hammurabi was the King of Babylon from about 1792 B.C.E. to 1750 B.C.E. RHEM RICK CORPUZ
Code of Draco:
Code of Draco RHEM RICK CORPUZ Greek Code of Draco (621 BC) – In Greece, around 621 BC, the Code of
Draco was enforced, a hash code that provides the same punishment for both citizens and the slaves as it
incorporates primitive concepts. The penalty for many offenses was death; so severe, that the word "draconian"
comes from his name and has come to mean, in the English language, an unreasonably harsh law. The Draco laws
were the first written laws of Greece. These laws introduced the state's exclusive role in punishing persons accused
of crime, instead of relying on private justice. Thus, the Greeks were the first society to allow any citizen to
prosecute the offender in the name of the injured party.
Solon’s Law:
Solon’s Law RHEM RICK CORPUZ Solon’s Law (530 BC) – This law repealed Draco’s laws and allowed capital
punishment only for a limited number of serious offenses, such as murder or military or political offenses against the
state. It also gave the right of representation , of every person to claim redress on behalf of another to whom wrong
was being done
Mosaic Code:
Mosaic Code The Law of Moses is a biblical term first found in the Book of Joshua 8:31-32 where Joshua writes
the words of "the Law of Moses" on the altar at Mount Ebal. The text continues "And afterward he read all the
words of the law, the blessings and cursings, according to all that is written in the book of the law." (Joshua 8:34).
RHEM RICK CORPUZ
Twelve tables:
Twelve tables The Law of the Twelve Tables ( Duodecim Tabulae ) was the ancient legislation that stood at the
foundation of Roman law. The Twelve Tables came about as a result of the long social struggle between patricians
and plebeians. After the expulsion of the last king of Rome,Tarquinius Superbus, the Republic was governed by a
hierarchy of magistrates. RHEM RICK CORPUZ
Justinian Code:
Justinian Code Corpus Juris Civilis or the Justinian Code, was the result of Emperor Justinian's desire that existing
Roman law be collected into a simple and clear system of laws, or "code .“ Tribonian , a legal minister under
Justinian, lead a group of scholars in a 14-month effort to codify existing Roman law. The result was the first
Justinian Code, completed in 529. RHEM RICK CORPUZ
Burgundian Code :
Burgundian Code RHEM RICK CORPUZ Burgundian Code (500 A.D) – also known as Lex Burgundionum ,
published in about 475 in Burgundy, now Southeastern France. The codification married German to Roman law as
well as advancing other unique and novel aspects of written private laws which influenced the course of the laws of
Europe.
Secular Codes:
Secular Codes RHEM RICK CORPUZ Secular Laws (4 th AD) - were advocated by Christian philosophers who
recognizes the need for justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.
During this period, three laws were distinguished: External Law (Lex Externa), Natural Law (Lex Naturalis),
Human Law (Lex Humana). All these laws are intended for the common good, but the Human law only becomes
valid if it does not conflict with the other two laws.
Burning at stake :
Burning at stake RHEM RICK CORPUZ
PowerPoint Presentation:
RHEM RICK CORPUZ Priscillian (died 385) was bishop of Ávila and a theologian the first person in the history
of Christianity to be executed for heresy (though the civil charges were for the practice of magic). He founded
an ascetic group that, in spite of persecution,.
Hanging, mutilation :
Hanging, mutilation RHEM RICK CORPUZ
Corporal punishment :
Corporal punishment RHEM RICK CORPUZ are those physical torture by means of mutilation, whipping or
flogging, stocks, furca, stoning, branding. mutilation flogging/whipping
Stoning:
Stoning RHEM RICK CORPUZ
Public humiliation :
Public humiliation RHEM RICK CORPUZ Is the social degradation, in the form of putting the offender into shame
or humiliation like; Stocks - held a prisoner in a sitting position with feet and heads locked ina frame. Pillory - a
prisoner in a standing position with the head and hands locked in place. Both devices exposed the prisoner to public
scorn. And while confined in place, prisoners were frequently pelted with eggs and rotten fruit. In England they
abolished the pillory during 1834.
Pillory:
Pillory RHEM RICK CORPUZ
Pillory:
Pillory RHEM RICK CORPUZ
Banishment or exile :
Banishment or exile RHEM RICK CORPUZ is the sending or putting away of an offender which was carried out
either by prohibition against coming has been removed. TRANSPORTATION AND SLAVERY- into a specified
territory such as an Island to where the offender is the other similar forms of punishment like transportation &
slavery
Aristotle:
Aristotle RHEM RICK CORPUZ The first attempt to explain crime was made by the Athenian philosopher,
Aristotle. In his book “Nicomedean Ethics” , he discusses corrective justice, thus – “punishment is a means of
restoring the balance between pleasure and pain”. This philosophy of individual determinism which existed up to
400 B.C., was another form of the so called “free-will theory ”.
Mutilation :
Mutilation RHEM RICK CORPUZ was another type of corporal punishment use in ancient and medieval societies.
Archeological evidence shows that Pharaohs of ancient Egypt, or their representative often ordered mutilation and it
is according to the law of retaliation.
For example::
For example: RHEM RICK CORPUZ Offenses Punishment Thieves/counterfeiters hand cut-off Liars & perjurers
tongues torn out Spies eyes gouged out Sex criminals genitals removed Blasphemers tongues pierced out Upper lips
cut away
Flogging (whipping):
Flogging (whipping) RHEM RICK CORPUZ has been the most common physical punishment through the ages.
The Mosaic code, for example authorized flogging and the Roman law specified flogging as a punishment for
certain forms of theft. It is Common in England during the Middle Ages as chastisement for a wide variety of
crimes; the women were flogged in private, while men were whipped publicly. The construction of flogging whips
from simple leather straps or willow branches to heavy, complicated instruments designed to inflict a maximum of
pain.
Cat-o’-nine-tails :
Cat-o’-nine-tails RHEM RICK CORPUZ traditional form of whip consisting if nine knotted cords fastened to a
wooden handle. CAT- got its name from the marks it left on the body which were like the scratches of a cat.
Furca:
Furca RHEM RICK CORPUZ Furca - v-shaped yolk worn around the neck and where the outstretched arms of
convict were tied to.
Russian knout :
Russian knout RHEM RICK CORPUZ is the cruel form of whip their knout was made of leather strips fitted with
fish hook. When the prisoner was whipped, the hooks would dig into the body, ripping away the proverbial “pound
of flesh” with each stroke. A thorough whipping with the knout could result in death from blood loss. This kind of
punishment survived into the 20th century.
Polo Y Servicio:
Polo Y Servicio RHEM RICK CORPUZ
PowerPoint Presentation:
RHEM RICK CORPUZ The early punishment were considered synonymous with slavery, those punished even had
their “ heads shaved” indicating the mark of the slave. PENAL SERVITUDE/CIVIL DEATH- extensive use in
Roman days, the offenders property was confiscated in the name of the state and that his wife was declared a widow,
meaning she is eligible to remarry. To society the criminal in effect “dead”. In forced labor they will perform hand
labor in the great public works, working in the mines or galleys or building the public works planned by the
government and collecting human waste from door to door.
PowerPoint Presentation:
RHEM RICK CORPUZ Culleus- the offender was confined in a sack with an ape, a dog and a serpent and the sack
was thrown into the sea. Vestal Virgin- who had violated their vows of chastity were buried alive. And as an
alternative to execution, offenders who went into exile lost their citizenship, freedom and immovable property. And
if they will returned to Rome, they could be killed by any citizen.
Blood feud:
Blood feud RHEM RICK CORPUZ The practice of personal retaliation was later augmented by the blood feud, in
which the victims family or tribe took revenge on the offenders family or tribe. Because this form of retaliation
could easily escalate and result in an endless vendetta between the injured factions, some methods of control had to
be devised to make blood feud less costly and damaging.
Vengeance:
Vengeance RHEM RICK CORPUZ The practice of retaliation usually begins to develop into a system of criminal
law when it becomes customary for the victims of the wrongdoing to accept money or property in place of blood
vengeance. The other form of acceptance of vengeance in the form of a payment (such as cattle, food or personal
services), was usually not compulsory and victims were still free to take whatever vengeance they wished.
PowerPoint Presentation:
RHEM RICK CORPUZ The custom of atonement for wrongs by payment to appease the victim’s family or tribe
became known as lex salica (or wergeld, in Europe) lex salica or restitution. It is still in effect in many Middle
Eastern and Far Eastern countries, with the amount of payment based on the injured person’s rank and position.
Outlawry or exile:
Outlawry or exile RHEM RICK CORPUZ First punishment imposed by society, and it heralded the beginning of
criminal law as we know it. As tribal leaders, elders & kings, came into power they began to exert their authority on
the negotiations. Wrongdoers could choose to stay away from the proceedings this was their right. But if they
refused to abide by the imposed sentenced, they were declared to be outside the law of the tribe (nation, family) or
an outlaw.
Middle ages :
Middle ages RHEM RICK CORPUZ The social structure and the growing influence of the church on everyday life
resulted in a divided system of justice. Reformation was viewed as a process of religious, not secular, redemption.
The sinner had to pay two debts, one to society and another to God. ordeal - As the form of proving the guilt or
innocent they will use the trials by ordeal it is the way to determined by subjecting the accused to dangerous or
painful test in the belief that the innocent would emerge unscathed, whereas the guilt would suffer agonies and die.
Middle ages:
Middle ages RHEM RICK CORPUZ The social structure and the growing influence of the church on everyday life
resulted in a divided system of justice. Reformation was viewed as a process of religious, not secular, redemption.
The sinner had to pay two debts, one to society and another to God. Ordeal - As the form of proving the guilt or
innocent they will use the trials by ordeal it is the way to determined by subjecting the accused to dangerous or
painful test in the belief that the innocent would emerge unscathed, whereas the guilt would suffer agonies and die.
Trials by ordeal:
Trials by ordeal RHEM RICK CORPUZ
William Penn:
William Penn RHEM RICK CORPUZ William Penn (1614-1718), fought for religious freedom and individual
rights. He was the first leader to prescribe imprisonment as correctional treatment for major offenders. He also
fought for the abolition of death penalty and torture as a form of punishment.
Penitentiary :
Penitentiary RHEM RICK CORPUZ an institution intended to isolate prisoners from society and from one another
so that they could reflect on their past misdeeds, repent, and thus undergo reformation
Principles of a Penitentiary :
Principles of a Penitentiary RHEM RICK CORPUZ isolate prisoner from bad influences of society - liquor,
temptation, people penance & silent contemplation productive labor reform (thinking & work habits) return to
society, renewed key = solitary confinement isolate from contagion foster quiet reflection punishment, since man is
social animal cheap shorter sentence, fewer guards
Benjamin Rush :
Benjamin Rush RHEM RICK CORPUZ Benjamin Rush (1745–1813) Physician, patriot, signer of the Declaration of
Independence, and social reformer, Rush advocated the penitentiary as replacement for capital and corporal
punishment.
Charles Montesiquieu:
Charles Montesiquieu RHEM RICK CORPUZ Charles Montesiquieu (Charles Louis Secondat , Baron de la Brede
et de Montesiquieu ) - (1689- 1755) A French historian and philosopher who analyzed law as an expression of
justice. He believed that harsh punishment would undermine morality and that appealing to moral sentiments was
the better means of preventing crime. famous for his advocacy in reforming slavery as a means of punishment. He
was famous for the theory “separation of powers” of the legislative, judiciary and the executive.
John Locke :
John Locke RHEM RICK CORPUZ Founder of the School of Empiricism Empirical evidence rather than
speculation Tabula rasa- empty state Man is born good, independent and equal
PowerPoint Presentation:
RHEM RICK CORPUZ Francois Marie Arouet (Pen name: Voltaire) (1694- 1778) He was the most versatile of all
philosophers during this period. He believed that fear of shame was a deterrent to crime. He fought the legality-
sanctioned practice of torture.
Cesare Beccaria :
Cesare Beccaria RHEM RICK CORPUZ Cesare Bonesa, Marchese de Beccaria (1738-1794) - He wrote the essay
“An Essay on Crimes and Punishment”, the most exiting essay on law during his time as it presented the humanistic
goals of law.
Jeremy Bentham:
Jeremy Bentham RHEM RICK CORPUZ Jeremy Bentham (1748-1832) – the greatest leader in the reform of
English Criminal law. He believed that whatever punishment designed to negate whatever pleasure or gain the
criminal derives from crime the crime rate would go down. He was also famous for the PANOPTICAN prison
design – a prison that consists of a large circular building containing multi cells around the periphery.
Panopticon Prison:
Panopticon Prison A type of prison which consist of a large circular building of a cast iron and glass containing
multi-tiered cells around the periphery. RHEM RICK CORPUZ
John Howard:
John Howard RHEM RICK CORPUZ John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773 who
devoted his life and fortune to prison reform. After his findings on English Prisons, he recommended that single
cells for sleeping, segregation of women, segregation of youth, provision of sanitation facilities, abolition of fee
system Father of prison reform .
Manuel Montesimos:
Manuel Montesimos RHEM RICK CORPUZ Manuel Montesimos , who was the Director of the prisons of Valencia,
Spain, in 1835, divided prisoners into companies and appointed prisoners as petty officers in charge. Academic
classes of one hour a day were given all inmates under 20 years of age.
Alexander Maconochie :
Alexander Maconochie RHEM RICK CORPUZ Capt. Alexander Maconochie, the Superintendent of a penal colony
at Norfolk Island in Australia who introduced a progressive humane system to substitute for corporal punishment.
When a prisoner earned a required number of marks, he was given his ticket of leave, which is the equivalent of
parole He introduced fair disciplinary trials, built churches, distributed books, allowed plays to be staged, and
permitted prisoners to tend small gardens. Father of parole
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The first thing that Alexander Maconochie did was to eliminate the flat sentence , a system that had allowed no hope
of release until the full time had been served. Then he developed a MARK SYSTEM- whereby a convict could earn
freedom by hard work and good behavior. This put the burden of release on the convict. As Maconochie said, “
when a man keeps the key of his own prison, he is soon persuaded to fit it into the lock” RHEM RICK CORPUZ
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When qualified by discipline to do so, he should work in association with a small number of other prisoners,
forming a group of six or seven, and the whole group should be answerable for the conduct and labor of each
member. In the final stage, a prisoner, while still obliged to earn his daily tally of marks, should be given a propriety
interest in his own labor and be subjected to a less rigorous discipline, to prepare him for release into society. But
sad to say the fact that Maconochie’s visionary toward rehabilitation were not appreciated or supported by the
unenlightened bureaucrats above him. His results thus were disclaimed, and the colony fell back into its former
brutalized routine almost as he left it. RHEM RICK CORPUZ
Walter Crofton:
Walter Crofton RHEM RICK CORPUZ Sir Walter Crofton, Chairman of the Directors of Irish prisons. In 1856,
Crofton introduced the “ Irish system”, later on called the progressive stage system .
Crofton devised a series of stages, each bringing the convict closer to the free society;:
Crofton devised a series of stages, each bringing the convict closer to the free society; The first stage was composed
of solitary confinement and monotonous of work. The second stage was assignment to public works and a
progression through various grades, each grade shortening the length of stay. The last stage was assignment to an
indeterminate prison where the prisoner worked without supervision and moved in and out of the free country. If the
prisoner’s conduct continued to be good and if he or she were able to find employment , then the offender returned
to the community on a conditional pardon or “ticket to leave”. RHEM RICK CORPUZ
Ticket to leave:
Ticket to leave Ticket to leave- This ticket could be revoked at any time within the span of the original fixed
sentence if the prisoner’s conduct was not up to standards established by those who supervised the conditional
pardon. Crofton’s plan was the first effort to establish a system of conditional liberty in the community, the system
we know today as Parole. RHEM RICK CORPUZ
Frédéric-Auguste Demetz:
Frédéric-Auguste Demetz RHEM RICK CORPUZ Frédéric-Auguste Demetz was famous for the establishment of
agricultural colony for delinquent boys in France in 1839. The boys were housed in cottages with house fathers as in
charge. The system was based on reeducation rather than force. When discharge the boys were place under the
supervision of a patron.
Zebulon Brockway:
Zebulon Brockway RHEM RICK CORPUZ Zebulon R. Brockway , in 1876, the New York State Reformatory at
Elmira opened with Z. R. Brockway as superintendent. Brockway introduced in Elmira a new institutional program
for boys from 16 to 30 years of age.
Contribution of Brockway:
Contribution of Brockway RHEM RICK CORPUZ The new prisoner was classified as second grade and was
promoted to first grade after six months of good behavior. Another six months of good behavior in the first grade
qualified him for parole. If the prisoner committed a missed conduct he was demoted to third grade where he was
required to show good conduct for one month before he could be reclassified to second grade.
Sir Evelyn Ruggles Brise :
Sir Evelyn Ruggles Brise RHEM RICK CORPUZ Sir Evelyn Ruggles Brise, was a Director of English prisons, after
visiting Elmira in 1897, opened the Borstal Institution near Rochedi, in Kent. The Borstal Institutions of England
became the earliest best reform institutions for young offenders.
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RHEM RICK CORPUZ
Elam Lynds :
Elam Lynds warden of the Auburn and later of Sing Sing (which he built), was one of the most influential persons in
the development of early prison discipline in America. He is described as having been a strict disciplinarian who
believe that all convicts were cowards who could not be reformed until their spirit was broken. To this end he
devised a system of brutal punishments and degrading procedures, many of which remained as accepted practice
until very recent times. RHEM RICK CORPUZ
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The imposition of silence was seen as the most important part of the discipline program. The rule of absolute silence
and noncommunication was maintained and enforce by the immediate use of the lash for the slightest infraction.
Flogging was advocated by Lynds as the most effective way to maintain order. He sometimes used a “cat” made of
wires strands. RHEM RICK CORPUZ
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The methods used to prevent conversation or communication during after meals were also humiliating, prisoners
were required to sit face-to-back. They were given their meager and usually bland and unsavory, meal to eat in
silence. If they wanted more food, they would raise one hand; if they had too much they raised the other. Any
infraction of the rule of silence resulted in a flogging and the loss of a meal. RHEM RICK CORPUZ
Prison Stripes:
Prison Stripes A development of the various forms of attire to degrade and identify prisoners. Wide alternating
black-and-white horizontal bonds were placed on the loose-fitting heavy cotton garments. Stripes were still in use in
the South as late as the 1940’s and 1950’s. They have been generally replaced in most security prisons by blue
denims or whites. Early prisoners were allowed to wear the same clothing as the free society did. Auburn and Sing
Sing prisons different colors were used for the first time offenders and for repeaters The famous “prisons stripes”
came into being during the year 1815 in New York. RHEM RICK CORPUZ
Lockstep :
Lockstep Prisoners were required to line up in close formation with their hands on the shoulders or under the arms
of the prisoner in front. The line moved rapidly toward its destination as the prisoners shuffled their feet in unison
without lifting them from the ground. Because this non-stop shuffle was “encouraged” by the use of the lash, any
prisoner who fell out of lockstep risked a broken ankle or other serious injury from the steadily objectionable and
was punished viciously. The methods used to prevent conversation or communication during after meals were also
humiliating, prisoners were required to sit face-to-back. They were given their meager and usually bland and
unsavory, meal to eat in silence. RHEM RICK CORPUZ
Lockstep:
Lockstep RHEM RICK CORPUZ
John Haviland :
John Haviland RHEM RICK CORPUZ John Haviland (1792–1852) was an English-born architect who was a major
figure in American Neo-Classical architecture, and one of the most notable architects working from Philadelphia in
the 19th century.
James Bennett:
James Bennett RHEM RICK CORPUZ James V. Bennett Director of Federal Bureau of Prisons Wrote about closing
of Alcatraz Prison Built the Federal Correctional Institution in Seagoville Texas
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This U.S Bureau of Prisons gradually emerged as the national leader in corrections, introducing many new concepts
that have been copied by states system. Two major contributions were diagnosis and classification and the use of
proffesional personnel such as psychiatrists and psychologists to help rehabilitate inmates. The federal system also
led the way to more humane treatment and better living conditions. RHEM RICK CORPUZ
J. Edgar Hoover:
J. Edgar Hoover Director of the Federal Bureau of Investigation (FBI) His war on crime helped give the world the
supermaximum prison, Alcatraz. Located on a an Island in San Francisco bay, Alcatraz was constructed to house the
hardest criminals in America. When it was built in 1934, it was seen as the answer to the outrages of such desperate
criminals. 1963- Alcatraz was closed. RHEM RICK CORPUZ
Fred Wilkinson:
Fred Wilkinson RHEM RICK CORPUZ Director of the Department of Corrections. A man with many years of
experience in the federal prison system, Wilkinson had also been instrumental in closing Alcatraz Prison, and had
masterminded the trade of Russian spy Rudolf Abel for downed U-2 pilot Francis Gary Powers in Germany in 1962.
Wilkinson quickly became known as Friendly Fred around the penitentiary because of his easy, open manner around
the inmates. He was often seen on weekends walking his pet bulldog inside the prison yard.
Early Prisons:
Early Prisons RHEM RICK CORPUZ Mamertine Prison/“Carcere Mamertino” (600 BC) - the oldest known prison
can be traced to the Ancient Rome’s series of dungeons. It was originally designed as a reservoir for water. Le
Stinche Prison , built in the 1290s in Florence, Italy, housed male inmates separately from female inmates, and also
segregated inmates by age group, degree of sanity, and severity of offense.
Early Prisons:
Early Prisons RHEM RICK CORPUZ Château d'If (pronounced as shat-o-deef) - 1524 – fortress that was built on
the rocky islet of If, 2 miles off the French port of Marseilles. In 1580 it was taken into use as a state prison for those
convicted of serious political and religious crimes. Bridewell Prison (1557) - the most popular workhouse in
London which was built for the employment and housing of English prisoners.
Early Prisons:
Early Prisons RHEM RICK CORPUZ Maison de Force (1627) – a house of correction in Ghen , Belgium which
separate adult from juveniles and women from men, an innovation to prison system during the 1600s.
Alcatraz:
Alcatraz RHEM RICK CORPUZ Alcatraz (The Rock) - 1850 – the prison is located on an island in San Francisco
Bay. It was built for the military in the 1850's and used by them, as a fort and a prison until 1933 when it passed to
the Department of Justice and became a civil prison until it was closed in1963.
Inspection House :
Inspection House RHEM RICK CORPUZ Inspection House ( Panopticon ) - Jeremy Bentham was founder of the
British Utilitarianism movement which suggested that laws should be evaluated to ensure that they are ethical and
useful. He designed a model prison which was referred to as the “ Panopticon ”.
Auburn 1821:
Auburn 1821 RHEM RICK CORPUZ Cell block architectural design to avoid contact with other prisoners. Imposes
solitary confinement and severe discipline Inmates are on contract- convict lease system with work lasting for 10
hours per day and 6 days per week.
Singsing Prison :
Singsing Prison RHEM RICK CORPUZ inflicted aside from floggings, denial of reading materials and solitary
confinement. The shower bath was a gadget so constructed as to drop a volume of water on the head of a locked
naked offender. The force of icy cold water hitting the head of the offender caused so much pain and extreme shock
that prisoners immediately sank into coma due to the shock and hypothermia or sudden drop in body temperature.
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Competing Systems :
Competing Systems RHEM RICK CORPUZ Pennsylvania system “Separate system” solitary confinement eat,
sleep, work in cell religious instruction reflection upon crimes reform through salvation religious enlightenment
model for Europe e.g. Walnut St. Jail Western Penitentiary Eastern State Pen. New York system evolved into
“Congregate system” hard labor in shops-day solitary confinement-night strict discipline rule of silence reform
through good work habits discipline model for US-economical e.g., Auburn Prison, 1816
Southern penology:
Southern penology Devastation of war and economic hardship produced 2 results: Lease system Private business
negotiated with state for labor & care of inmates--Kentucky (1825) Penal farms State-run plantations which grew
crops To feed inmates To sell on free market RHEM RICK CORPUZ
Western developments:
Western developments penology in west not greatly influenced by the ideologies of the east prior to statehood,
prisoners held in territorial facilities or in federal military posts and prisons 1852: San Quentin - California’s 1st
prison 1877: Salem, Oregon prison - Auburn model western states discontinued use of lease system as states entered
into the union e.g. Oregon, California, Montana, Wyoming RHEM RICK CORPUZ
the Reformatory Movement (1870s - 1890s):
the Reformatory Movement (1870s - 1890s) product of disillusionment with oppressive penitentiary system focus
remained inmate change! key features: indeterminate sentences > fixed offender classification should be based on
character & institutional behavior use early release as incentive to reform RHEM RICK CORPUZ
“progressive” reforms:
“progressive” reforms 2 strategies for CJ reform: improve general social, economic conditions that seem to breed
crime rehabilitate individual offenders 4 planks in “progressive” platform: probation (John Augustus, 1841)
indeterminate sentencing (by 1920s, 37 states) parole (by 1920s, 44 states; 80% of releases) juvenile courts (1899,
Cook County) By 1970s, most of these enlightened & well-meaning reforms seen as having failed to live up to their
promise RHEM RICK CORPUZ
Modern Trends:
Modern Trends RHEM RICK CORPUZ 1967 - The Community Based Era (Deinstitutionalization) - A more
humanistic approach was envisioned. The community base approach would help the inmate and it would help solve
the problem of overcrowding prisons. Inmates took part in half-way houses and job release programs. Some were
even allowed week end furloughs to visit family and loved ones. 1980 - The “Warehousing” Era - After many
studies showed that efforts to rehabilitate criminals were failing miserably, it was evident that a new approach
should be used. This led to the “nothing works” doctrine. The new approach would be to simply put criminals away
so they would no longer be a menace to society. This is when the term “warehousing” began to surface. Prisoners
were put away for determined periods of time without the earlier frills of treatment and “coddling”.
Early forms of prison discipline :
Early forms of prison discipline HARD LABOR- productive works DEPRIVATION- deprivation of everything
except the essentials of existence. MONOTONY- giving the same food that is “off” diet or requiring the prisoners to
perform drab or boring daily routine. UNIFORMITY- “we treat the prisoners alike”, the fault of one is the fault of
all. RHEM RICK CORPUZ
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MASS MOVEMENT- mass living in cellbloks, mass eating, mass recreation, mass bathing. DEGRADATION-
uttering insulting words or languages on the part of prison staff to the prisoners to degrade or break the confidence
of prisoners. CORPORAL PUNISHMENT- imposing brutal punishment or employing physical force to intimidate a
delinquent inmate. ISOLATION or SOLITARY CONFINEMENT- non-communication, limited news, “the lone
wolf”. RHEM RICK CORPUZ
Code of Kalantiao:
Code of Kalantiao RHEM RICK CORPUZ Article I Ye shall not kill, neither shall ye steal nor shall ye hurt the aged,
lest ye incur the danger of death. All those who this order shall infringe shall be tied to a stone and drowned in a
river or in boiling water. Article II Ye shall punctually meet your debt with your headman. He who fulfils not, for the
first time shall be lashed a hundredfold, and If the obligation is great, his hand shall be dipped threefold in boiling
water. On conviction, he shall be flogged to deatth . Article III Obey ye: no one shall have wives that are too young,
nor shall they be more than what he can take care of, nor spend much luxury. He who fulfils not, obeys not, shall be
condemned to swim three hours and, for the second time, shall be scourged with spines to death. Article IV Observe
and obey ye: Let not the peace of the graves be disturbed; due respect must be accorded them on passing by caves
and trees where they are. He who observes not shall die by bites of ants or shall be flogged with spines till death.
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Most tribal traditions, customs, and practices influenced laws during the Pre-Spanish Philippines. There were also
laws that were written which includes the; CODE OF KALANTIAO- (promulgated in 1433). MARAGTAS CODE-
(Datu Sumakwel) The most extensive and severe law that prescribes harsh punishment is the Maragtas code (Datu
Sumakwel). RHEM RICK CORPUZ
Spanish Era:
Spanish Era RHEM RICK CORPUZ Upon the occupation of the Philippines by the Spaniards dating as far back as
1521, and at various later dates when formal occupation of the different villages were effected by the Spanish
“conquistadores”, the laws which were introduced in the Philippines were the royal decrees, ordinances, rules and
regulations for the government of the colonies promulgated by the King of Spain from time to time and later on
incorporated into "Recopelacion de las Leyes de India."
Spanish Era :
Spanish Era Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“CONQUISTADORES”. The Kodigo Penal was also also introduced promulgated by the king of Spain. Basically,
these laws adopted the Roman Law principles. RHEM RICK CORPUZ
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Penal Colonies :
Penal Colonies RHEM RICK CORPUZ On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga
City was established to confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The
facility, which faced the Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-hectare
sprawling estate
Bureau of Prisons :
Bureau of Prisons RHEM RICK CORPUZ Bureau of Prisons was created under the Reorganization Act of 1905
(Act No. 1407 dated November 1, 1905) as an agency under the Department of Commerce and Police. It also
paved the way for the re-establishment of San Ramon Prison in 1907 which was destroyed during the Spanish-
American War. On January 1, 1915, the San Ramon Prison was placed under the auspices of the Bureau of Prisons
and started receiving prisoners from Mindanao.
Penal Colonies :
Penal Colonies RHEM RICK CORPUZ 1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on a
vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late 1950s. Confines
incorrigibles with little hope of rehabilitation, the area was expanded to 41,007 hectares by virtue of Executive
Order No. 67 issued by Governor Newton Gilbert on October 15, 1912.
Transfer to Muntinlupa:
Transfer to Muntinlupa RHEM RICK CORPUZ Commonwealth Act No. 67 was enacted, appropriating one million
(P1,000.000.00) pesos for the construction of a new national prison in the southern suburb of Muntinlupa , Rizal in
1935. The old prison was transformed into a receiving center and a storage facility for farm produce from the
colonies
Transfer to Muntinlupa:
Transfer to Muntinlupa RHEM RICK CORPUZ November 15, 1940, all inmates of the Old Bilibid Prison in Manila
were transferred to the new site. The new institution had a capacity of 3,000 prisoners and it was officially named
the New Bilibid Prison on January 22, 1941. The prison reservation has an area of 587 hectares, part of which was
arable. The prison compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded
by three layers of barbed wire
Developments after the war:
Developments after the war RHEM RICK CORPUZ A death chamber was constructed in 1941 at the rear area of the
camp when the mode of execution was through electrocution. In the late ‘60s, fences were further reinforced with
concrete slabs. The original institution became the maximum security compound in the 70s and continues to be so
up to present, housing not only death convicts and inmates sentenced to life terms, but also those with numerous
pending cases, multiple convictions and sentences of more than 20 years
Slide 3:
It is the suffering that is inflicted by the State for the transgression of a law. In its general sense, signifies pain;
especially considered in the juridical sphere, it means suffering undergone, because of the action of human society,
by one who commits a crime. (Pessina, Elementos de Derecho Penal, pp. 375-376) What are the juridical conditions
of penalty?
Slide 4:
Must be productive of suffering, without however affecting the integrity of the human personality. Must be
commensurate with the offense – different crimes must be punished with different penalties. Must be personal – no
one should be punished for the crime of another. Must be legal – it is the consequence of a judgment according to
law. Must be certain – no one may escape its effects. Must be equal for all. Must be correctional. What is the
purpose of the State in punishing crimes?
Slide 5:
To secure justice. The State has an existence of its own to maintain, a conscience of it’s to assert, and moral
principles to be vindicated. Penal justice must be therefore be exercised by the State in the service and satisfaction of
a duty, and rests primarily on the moral rightfulness of the punishment inflicted.
Slide 6:
What are the theories justifying penalty? Prevention Self-defense Reformation Exemplarity Justice Note: Social
defense and exemplarity justify the penalty of death.
Slide 7:
Three-fold purpose of the penalty of RPC: 1. Retribution or Expiation – the penalty is commensurate with the
gravity of the offense. 2. Correction or Reformation – as shown by the rules which regulate the execution of the
penalties consisting in deprivation of liberty. 3. Social defense – shown by its inflexible severity to recidivists and
habitual delinquents.
Slide 8:
When penalty may not be imposed? No felony shall be punishable by any penalty not prescribed by law prior to its
commission. (Art 21,RPC)
Slide 9:
When penal laws shall have a retroactive effect? Penal laws shall have a retroactive effect in so far as they favor the
person guilty of a felony, who is not a habitual criminal. (Art. 22, RPC) Although at the time of the publication of
such laws a final sentence has been pronounced and the convict is serving the same. Note: General rule is to give
criminal laws prospective effect.
Slide 10:
The favorable retroactive effects of a new law find the defendant in one of these three situations: The crime has been
committed and prosecution begins; Sentence has been passed but service has not begun; The sentence is being
carried out. (Escalante vs. Santos, supra)
Slide 11:
What is the effect of pardon by the offended party? A pardon by the offended party does not extinguish criminal
action except as provided in Article 344 of RPC. But civil liability with regard to the interest of the injured party is
extinguished by his express waiver. Pardon under Art. 344 of RPC must be made before institution of criminal
prosecution. Note: Pardon under Art. 344 of RPC is only a bar to criminal prosecution. Art. 89 of RPC does not
mentioned pardon by the offended party as one of the causes of total extinguish of criminal liability.
Slide 12:
What are the measures of prevention or safety are not considered penalties? (Art. 24, RPC) The arrest and temporary
detention of accused persons The commitment of a minor to any of the institutions mentioned in RA 9344.
Suspension from the employment or public office during the trial or in order to institute proceedings. Fines and other
corrective measures. Deprivation of rights and the reparations which the civil law may establish in penal form.
Slide 13:
What are the penalties may be imposed? 1. Principal Penalties: 1.1 Capital Punishment: Death 1.2 Afflictive
Penalties: Reclusion Perpetua Reclusion Temporal Perpetual or Temporary Absolute Disqualification Perpetual or
Temporary Special Disqualification Prision Mayor
Slide 14:
1.3 Correctional Penalties: Prision Correccional Arresto Mayor Suspension Destierro 1.4 Light Penalties: Arresto
Menor Public Censure 1.5 Penalties common to the three preceding classes: Fine, and Bond to keep the peace.
Slide 15:
2. Accessory Penalties: Perpetual or Temporary Absolute Disqualification Perpetual or Temporary Special
Disqualification Suspension from public office, the right to vote and be voted for, the profession or calling Civil
interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the offense, and Payment of
Cost
Slide 16:
What are the classifications of penalties? (Art. 25, RPC) Principal penalties – those expressly imposed by the court
in the judgment of conviction. Accessory penalties – those that are deemed included in the imposition of the
principal penalties.
Slide 17:
Classifications of Principal penalty: Indivisible penalties – are those which have no fixed duration, are: Death
Reclusion Perpetua Perpetual absolute or special disqualification Public censure 2. Divisible penalties – are those
that have fixed duration and are divisible into three periods.
Slide 18:
When a fine is afflictive penalty? (Art. 26, RPC) A fine shall be considered an afflictive penalty, if it exceeds 6,000
pesos. When a fine is correctional penalty? A fine shall be considered a correctional penalty, if it does not exceed
6,000 pesos but is not less than 200 pesos. When a fine is light penalty? A fine is light penalty, if it be less than 200
pesos.
Slide 19:
What is the duration of each penalty? (Art. 27, RPC): Reclusion Perpetua – shall be from twenty years and one day
to forty years. Reclusion Temporal – 12 years and 1 day to 20 years. Prision Mayor – 6 years and 1 day to 12 years.
Prision Correccional – 6 months and 1 day to six years. Arresto Mayor – 1 month and 1 day to 6 months. Arresto
Menor – 1 day to 30 days. Bond to keep the peace – shall be required to cover such period of time as the court may
determine.
Slide 20:
In what cases destierro imposed? Serious physical injuries or death under exceptional circumstances. (Art. 247) In
case of failure to give bond for good behavior. (Art. 248) As a penalty for the concubine in concubinage. (Art. 334)
In cases where after reducing the penalty by one or more degrees destierro is the proper penalty.
Slide 21:
When there is preventive imprisonment? The accused undergoes preventive imprisonment when the offense charged
is nonbailable, he cannot furnish the required bail. What is civil interdiction? It is the deprivation of the offender
during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property
of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by
any act or any conveyance inter vivos. (Art. 34, RPC)
Slide 22:
What is the effect of bond to keep the peace? Should the person sentenced fail to give the bond as required he shall
be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or
less grave felony, and shall not exceed thirty days, if for a light felony. (Par. 3, Art. 35, RPC) Note: Bond to keep the
peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a
crime.
Slide 23:
What are the effects of pardon by the President? A pardon shall not restore the right to hold public office or the right
of suffrage. It shall not exempt the culprit from the payment of the civil indemnity. Exception: When any or both
such rights is or are expressly restored by the terms of the pardon.(Art. 36, RPC) When pardon may be granted?
Pardon may be granted only after conviction by final judgment.
Slide 24:
What is Cost? Cost shall include fees and indemnities in the course of the judicial proceedings, whether they are
fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to
schedule.
Slide 25:
What are the pecuniary liabilities of persons criminally liable? The reparation of the damage caused. Indemnification
of the consequential damages. Fine. Costs of Proceedings. (Art. 38, RPC)
Slide 26:
What is subsidiary penalty? It is a subsidiary personal liability to be suffered by the convict who has no property
with which to meet the fine, at the rate of one day for each eight pesos, subject to the rules provided for in Article
39.
Slide 27:
When Subsidiary penalty is not imposable? When the penalty imposed is higher than prision correccional. (Par. 3,
Art. 39, RPC) For failure to pay the reparation of the damage caused, indemnification of the consequential damages,
and the costs of the proceedings. When the penalty imposed is fine and a penalty not to be executed by confinement
in a penal institution and which has no fixed duration.
Slide 28:
When there is a complex crime? When a single act constitutes two or more grave or less grave felonies. (compound
crime) When an offense is a necessary means for committing the other. (complex crime proper) Note: No complex
crime where one of the offense is penalized by a special law.
Slide 29:
What is special complex crime? Cases which seem to be complex crimes but cannot be considered as such, as the
RPC specially provides penalty therefore. Example: Robbery with Homicide (Art. 294, par. 1), Robbery with Rape
(Art. 294, par. 2), Kidnapping with Serious Physical Injuries (Art. 267, par. 3), Kidnapping with Murder or
Homicide (Art. 267, last par.), or Rape with Homicide (Art. 335).
Slide 30:
What is Plurality of crimes? It consists in the successive execution by the same individual of different criminal acts
upon any of which no conviction has yet been declared. What is continued crime? It is a single crime consisting of a
series of acts but all arising from one criminal resolution.
Slide 31:
What are the penalty to be imposed upon principals, accomplices, and accessories of a consummated, frustrated and
attempted crime?
The diagram or table below is applicableNote: “0” represents the penalty prescribed by law in defining a crime. :
The diagram or table below is applicableNote: “0” represents the penalty prescribed by law in defining a crime.
Slide 33:
What is the penalty for impossible crime? The penalty for impossible crime is arresto mayor or a fine ranging from
200 to 500 pesos. What are the basis for imposition of penalty for impossible of crime? Social danger, and Degree of
criminality shown by the offender.
Slide 34:
When maximum penalty shall be imposed? When in the commission of the crime, advantage was taken by the
offender of his public position; If the offense was committed by any person who belongs to an organized/syndicated
crime group. What is an organized/syndicated crime group? A group of two or more persons collaborating
confederating or mutually helping one another for purposes of gain in the commission of any crime.
Slide 35:
What is the effect of the attendance of aggravating circumstances? Increasing the penalty, without, however,
exceeding the maximum penalty. What is the effect of the attendance of mitigating circumstances? Diminishing the
penalty. What is the effect of habitual delinquency? Habitual delinquency has the effect, not only of increasing the
penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional
penalty.
Slide 36:
Who is habitual delinquent? A person is habitual delinquent if within a period of ten years from the date of his (last)
release or last conviction of the crimes of: serious or less serious physical injuries, robo (robbery), hurto (theft),
estafa, or falsification, he is found guilty of any of said crimes a third time or oftener.
Slide 37:
What are the requisites of habitual delinquency? That the offender had been convicted of any of the crimes of
serious or less serious physical injuries, robbery, theft, estafa, or falsification. That after conviction or after serving
his sentence, he again committed, and within 10 years from his release or first conviction, he was again convicted of
any of the said crimes for the second time. That after conviction of, or after serving sentence for, the second offense,
he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of
said offenses, the third time oftener.
Slide 38:
What is the distinction of habitual delinquency from recidivism? As the crime committed: In recidivism, it is
sufficient that the accused on the date of his trial, shall been previously convicted by final judgment of another crime
embraced in the same title of the Code; in habitual delinquency, the crimes are specified. As to the period of time the
crimes are committed: In recidivism, no period of time between the former conviction and the last conviction is
fixed by law; in habitual delinquency, the offender is found guilty of any of the crimes specified within ten years
from his last release or last conviction. As to the number of crimes committed: In recidivism, the second conviction
for an offense embraced in the same title of the Code is sufficient; in habitual delinquency, the accused must be
found guilty the third time or oftener of any of the crimes specified. (People vs. Bernal, 63 Phil. 750, 755) As to their
effects: Recidivism, if not offset by a mitigating circumstance, serves to increase the penalty only to the maximum;
whereas, if there is habitual delinquency, an additional penalty is also imposed.
Slide 39:
What is three-fold rule? According to the three-fold rule, the ,maximum duration of the convict’s sentence shall not
be more three times the length of time corresponding to the most severe of the penalties imposed upon him. (Art. 70,
RPC) When three-fold rule is applicable? The three-fold rule applies only when the convict has to serve at least four
sentences. What is Act No. 4103? An act to provide for an indeterminate sentence and parole for all persons
convicted of certain crimes by the Courts of the Philippine Islands. It is an act to create a Board of Indeterminate
Sentence and to provide funds therefor and for other purposes.
Slide 40:
What are the penalties to be determined by the court as referred to Indeterminate Sentence Act? The two penalties
are Maximum and Minimum terms. The law should be applied in imposing a prison sentence for a crime punishable
either by Special Law or by Revised Penal Code.
Slide 41:
When Indeterminate Sentence Law is not applicable? Indeterminate Sentence shall not applicable to the following:
Persons convicted of offenses punished with death penalty or life imprisonment. Those convicted of treason,
conspiracy or proposal to commit treason. Those convicted of misprision of treason, rebellion, sedition or espionage.
Those convicted of piracy. Those who are habitual delinquents. Those who shall have escaped from confinement or
evaded sentence. Those who violated the terms of conditional pardon Those whose maximum term of imprisonment
does not exceed one year. Those who, upon the approval of the law (Dec. 5, 1933), had been sentenced by final
judgment. (Sec. 2, Act. 4103) Those sentenced to the penalty of destierro or suspension.
Slide 42:
What are the reasons for fixing the Minimum and Maximum penalties in the indeterminate sentence? Whenever any
prisoner shall have served the minimum penalty imposed on him, and it shall appear to the Board of Indeterminate
Sentence that such prisoner is fitted for release, said Board may authorize the release of such prisoner on parole,
upon such terms and conditions as may be prescribed by the Board.
Slide 43:
2. Whenever such prisoner released on parole shall, during the period of surveillance, violate any of the conditions
of his parole, the Board may issue an order for his arrest. In such case, the prisoner so rearrested shall serve the
remaining unexpired portion of the maximum sentence. (Sec. 5 and 8, Act No. 4103) 3. Even if a prisoner has
already served the minimum, but he is not fitted for release on parole, he shall continue to serve imprisonment until
the end of the maximum. - It is mandatory in the cases specified therein, for it employs the phrases “convicts shall
be sentenced” and “the court shall sentence the accused to an indeterminate sentence.” (People vs. Yu Lian, CA.,
O.G. 4205)
PROBATION :
PROBATION A term coined by John Augustus, from Latin verb “probare” – to prove, to test. John Augustus – A
shoe cobbler, is credited as the “Father of Probation”.
History :
History The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishment were
imposed on adults and children alike for offenses that were not always if a serious nature. During the time of King
Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were minor offenses.
This harshness eventually led to discontent in certain progressive segments of English society concerned with the
evolution of the justice system. Slowly, yet resolutely, in an effort to mitigate these inhumane punishments, such as;
Royal pardons, could be purchased by the accused; benefit of clergy, judicial reprieve, sanctuary, and abjuration
offered offenders a degree of protection from the enactment of harsh sentences.
Slide 46:
Eventually, the courts began the practice of “binding over for good behavior,” a form of temporary release during
which offenders could take measures to secure pardons or lesser sentences. In the United States, particularly in
Massachusetts, different practices were being developed. “Security for good behavior”, also known as good
aberrance, was much like modern bail: the accused paid a fee as collateral for good behavior. Using this procedure,
indictments were “laid on file” or held in abeyance. To mitigate unreasonable mandatory penalties, judges often
granted a motion to quash based upon minor technicalities or errors in the proceedings. Although, these American
practices were genuine precursors to probation, it is the early use of recognizance and suspended sentence that are
directly related to modern probation.
Two names are most closely associated with the founding of probation: :
Two names are most closely associated with the founding of probation: 1. Matthew Davenport Hill In 18th century,
English barrister and judge. As a young professional in England, had witnessed the sentencing of youthful offenders
to one-day terms on the condition that they be returned to a parent or guardian who would closely supervise them.
When he eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals
who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in the
hands of generous guardians who willingly took charge of them. He had police officers pay periodic visits to these
guardians in an effort to tack the offender’s progress and to keep a running account.
Slide 48:
2. John Augustus He was born in Woburn, Massachusetts, in 1785. by 1829, he was a permanent resident of Boston
and the owner of a successful boot-making business. In 1841, he attended police court to bail out a “common
drunkard”, the first probationer. In 1858, he had provided bail for 1,946 men and women, young and old.
Reportedly, only ten of this number forfeited their bond, a remarkable accomplishment when measured against any
standard. In 1859, after his death, the first probation statute enacted in Massachusetts.
Slide 50:
Teodolu C. Natividad initiated the drafting of Probation System. In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of six months, the draft decree
was presented to a selected group of 369 jurists, penologists, civic leaders and social and behavioral scientists and
practitioners. The group overwhelmingly indorsed the establishment of an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law
by the President of the Philippines. On January 3, 1978, the probation system started to operate. There are at present
204 filed offices spread all over the country, supervised by 15 regional offices.
Slide 51:
What is PD No. 968, as amended by PD 1257, BP 76, and PD 1990? A decree establishing a Probation System.
What is Probation? It 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. What is Probation Officer? It is one
who investigates for the court referral for probation or supervises a probationer or both.
Slide 52:
What is Probationer? It is a person placed on probation. Who may grant the Probation? The trial court has convicted
and sentenced a defendant. When probation may be granted? Probation may be granted whether the sentence
imposes a term of imprisonment or a fine with subsidiary imprisonment in case of insolvency. 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. Provided, that no
application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment
of conviction.
Slide 53:
What is Post-Sentence Investigation? It is an investigation conducted by the probation officer before the probation-
applicant may be placed in probation for the determination by the court that the ends of justice and the best interest
of the public as well as that of the defendant will be served thereby. What is the period for submission of
Investigation Report? The Probation Officer shall submit to the court the investigation report on a defendant not
later than 60 days from receipt of the order of said court to conduct investigation.
Slide 54:
What are the criteria for placing an offender on probation? 1. The court shall consider (1) all information relative to
the following: character, antecedents, environment, mental, and physical 2. condition of the offender, and (2)
available institutional and community resources.
Slide 55:
When probation shall be denied? - Probation shall be denied if the court finds that: the offender is in need of
correctional treatment that can be provided most effectively by his commitment to an institution; or there is an
undue risk that during the period of probation, the offender will commit another crime; or probation will depreciate
the seriousness of the offense committed. The grant or denial of an application for probation does not rest solely on
the offender’s potentiality to reform but also on the observance of demands of justice and public interest. (Tolentino
vs. Alconcel, 121 SCRA 92)
Slide 56:
Who are the offenders disqualified from being placed on probation? Those sentenced to serve a maximum term of
imprisonment of more than six years; Those convicted of subversion or any crime against the national security or
public order; Those convicted who were previously convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and / or a fine not more than two hundred pesos; Those who
have been once on probation under the provisions of the Decree; and Those who are already serving sentence at the
time the substantive provisions of the Decree became applicable pursuant to Section 33 thereof.
Slide 57:
What are the conditions of probation? - Every probation order issued by the court shall contain conditions requiring
the probationer to: present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within 72 hours from receipt of the order; report to the probation officer at least once a
month at such time and place as specified by said officer. Even if a convicted person falls within the classes of those
qualified for probation, the grant of probation is not automatic or ministerial. Probation is a privilege and its grant
rests upon the discretion of the court. The discretion is exercised primarily for the benefit of society as a whole and
only secondarily for the personal advantage of the accused. (Amandy vs, People, 161 SCRA 436, 443)
Slide 58:
What is the effect of probation on accessory penalties? Accessory penalties are deemed suspended once probation is
granted. (Baclayon vs. Mutia) What is the effect of violation of probation order? Upon the failure of the probationer
to comply with any of the conditions prescribed in the order, or upon his commission of another offense, he shall
serve the penalty imposed for the offense under which he was placed on probation.
Slide 59:
For how long may a convict be placed on probation? If the convict is sentenced to a term of imprisonment of not
more than one year, the period of probation shall not exceed two years. In all other cases, if he is sentenced to more
than one year, said period shall not exceed six years. When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment, the period of probation shall be twice the total number of days of subsidiary
imprisonment.
Slide 60:
When may a probationer be arrested, and what is the disposition once he is arrested? The violation of the conditions
of probation must be serious to justify the issuance of a warrant of arrest. The defendant may be admitted to bail
pending hearing. The hearing is summary in nature, but the probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor. Court is not bound by the technical rules of evidence. If the
violation is established, the court may revoke or continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the sentence originally imposed. The order revoking the grant
of probation or modifying the term and conditions thereof is not appealable. (Circumlocutory Order)
Slide 61:
The three-fold purposes of PD 968: Promote the correction and rehabilitation of an offender by providing him with
individualized treatment; Provide an opportunity for the reformation of a penitent offender, which might be less
probable if he were to serve a prison sentence; and Prevent the commission of offenses. Probation affects only the
criminal aspect of the case but not included the civil. Hence, civil case should be heard. (Budlong vs. Apalisok, 122
SCRA 935)
Slide 62:
When and how penalty is to be executed? No penalty shall be executed except by virtue of a final judgment. A
penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or
incident than those expressly authorized thereby. (Art. 78, RPC)
Slide 63:
What is PD 603 as amended by RA 9344? The Child and Youth Welfare Code. What is RA 9344? An act
establishing a comprehensive Juvenile Justice and Welfare System.
Slide 64:
When death sentence shall be suspended? - Death sentence shall be suspended when the accused is: Woman, while
pregnant; Woman, within one year after delivery; Person over 70 years of age. The suspension of the execution of
the sentence as regards a person over 70 years old is necessary to give the President time to act, because only the
President can communicate the sentence.
Slide 65:
Who may witness death execution? priest assisting the offender, offender’s lawyers, offender’s relatives, not
exceeding six, if so requested, physician, and necessary personnel of penal establishment.
Slide 66:
What is Executive Clemency? It refers to Commutation of Sentence, Absolute 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.
Slide 67:
When criminal liability is totally extinguished? By the death of the convict; By service of the sentence; By amnesty,
which completely extinguishes the penalty and all its effects; By absolute pardon By prescription of the crime; By
prescription of the penalty; By the marriage of the offended woman, as provided in Art. 344 of this Code. Extinction
of criminal liability does not automatically extinguish the civil liability. (Petralba vs. Sandiganbayan, 200 SCRA
644)
Slide 68:
What is amnesty? It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is
rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons,
who are subject to trial but have not yet been convicted. (Brown vs. Walker, 161 US 602) What is pardon? It is an
act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for the crime he has committed. Two kinds of pardon; (a)
Absolute (b) Conditional
Slide 69:
Prescription of Crimes – the loss or forfeiture of the power of the State to prosecute offenses after the lapse of the
period prescribed by law. Prescription of Penalty – the loss or forfeiture of the power of the State to impose
punishment after the lapse of the period prescribed by law.
Slide 70:
When crime is prescribed? Crimes punishable by death, reclusion perpetua or temporal shall prescribe in 20 years.
Crimes punishable by other afflictive penalties shall prescribe in 15 years. Those punishable by a correctional
penalty shall prescribe in 10 years; with exception of those punishable by arresto mayor, which shall prescribe in 5
years. The Crime of libel or other similar offenses shall prescribe in 1 year. The offenses of oral defamation and
slander by deed shall prescribe in 6 moths. Light offenses prescribe in 2 months.
Slide 71:
When and how penalties prescribe? - the penalties imposed by final sentence prescribe as follows: Death and
reclusion perpetua, in 20 years; Other afflictive penalties, in 15 years; Correctional penalties, in 10 years, with the
exception of the penalty of arresto mayor, which prescribes in 5 years. Light penalties, in 1 year.
Slide 72:
When criminal liability is partially extinguished? By conditional pardon; By commutation of the sentence; and For
good conduct allowances which the culprit may earn while he is serving sentence.
Slide 73:
What is commutation of sentence? It is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the
amount of the fine. What is parole? It is the suspension of the sentence of a convict after serving the minimum term
of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be
suspended.
Slide 74:
What are the benefits of a prisoner for good conduct? - The good conduct of any prisoner in any penal institution
shall entitle him to the following deductions from the period of his sentence: During the first 2 years of
imprisonment, he shall be allowed a deduction of five days for each month of good behavior; During the third to the
fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good
behavior; During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior; and During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of 15 days for each month of good behavior. - Note: No allowance
for good conduct while prisoner is released under conditional pardon.
Slide 75:
What is special time allowance for loyalty of prisoner? It is a deduction of 1/5 of the period of the sentence of a
prisoner of whom, having evaded the service of his sentence during the calamity or catastrophe mentioned in Art.
158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President
announcing the passing away of the calamity or catastrophe. The deduction of 1/5 is based on the original sentence.
Slide 76:
Who grants time allowance? Whenever lawfully justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked. (Art. 99, RPC) Every person criminally liable for a
felony is also civilly liable. (Art. 100, RPC)
Slide 77:
Two classifications of injuries causes of an offense: Social injury, produced by the disturbance and alarm which are
the outcome of the offense. Personal injury, caused to the victim of the crime who may have suffered damage, either
to his person, to his property, to his honor, or to her chastity.
Slide 78:
Prejudicial question is an exception to the rule that the criminal action shall be decided first and that the civil action
should be suspended. What is prejudicial question? It is a question is one which arises in a case, the resolution of
which is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another
tribunal.
Slide 79:
What are the elements of Prejudicial Question? The civil action involves an issue similar or intimately related to the
issue raised in the criminal action; and The resolution of such issue determines whether or not the criminal action
may proceed. Sec. 5, Rule 111, Rules of Court)
Slide 80:
What is included in civil liability? Restitution – in theft, the culprit is duty-bound to return the property stolen;
Reparation of damage caused – in case of inability to return the property stolen, the culprit must pay the value of the
property stolen; Indemnification for consequential damages – the loss of his salary or earning.
Slide 81:
When civil liability is extinguished? By payment or performance; By the loss of the thing due; By the condonation
or remission of the debt; By the confusion or merger of the rights of creditor and debtor; By compensation; By
novation.
Slide 82:
When civil liability may arise? Crime, Breach of Contract (culpa contractual), or Tortious act (culpa aquiliana).
WHAT IS PAROLE?
It is the release of a prisoner from prison after serving the minimum period of his indeterminate sentence.
WHO CANNOT BE GRANTED PAROLE?
Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or to a prison
sentence without a minimum term of imprisonment.
WHO MAY GRANT PAROLE TO A PRISONER?
The Board of Pardons and Parole, an agency under the Department of Justice.
WHEN MAY A PRISONER BE GRANTED PAROLE?
Whenever the Board of Pardons and Parole 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 and when a
prisoner has already served the minimum penalty of his/her indeterminate sentence of imprisonment.
WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE?
He shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period
of his sentence.
WHAT IS EXECUTIVE CLEMENCY?
It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybe granted by the president
upon recommendation of the Board.
WHAT IS COMMUTATION OF SENTENCE?
It is the reduction of the period of a prison sentence.
WHAT IS CONDITIONAL PARDON?
It is the conditional exemption of a guilty offender for the punishment imposed by a court.
WHAT IS ABSOLUTE PARDON?
It is the total extinction of the criminal liability of the individual to whom it is granted without any condition
whatsoever resulting to the full restoration of his civil rights.
WHO MAY FILE A PETITION FOR CONDITIONAL PARDON?
A prisoner who has served at least one-half (1/2) of the maximum of the original indeterminate and/or definite
prison term.
WHO MAY GRANT COMMUTATION OF SENTENCE AND PARDON?
The President of the Philippines.
WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE?
The Board may review the petition of a prisoner for commutation of sentence if he/she meets the following
minimum requirements:
Ø At least one half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum
of his determinate and/or prison terms;
Ø At least ten (10) years for prisoners sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punishable under Republic Act 7659 and other special laws;
Ø At least twelve (12) years, for prisoners whose sentences were adjusted to forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended;
Ø At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659
committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
Ø At least seventeen (17) years for prisoners sentenced to two (2) or more reclusion perpetua or life imprisonment
even if their sentences were adjusted to forty (40) years in accordance with the provision of Article 70 of the
Revised Penal Code, as amended;
Ø At least twenty (20) years, for those sentenced to death which was automatically commuted or reduced to
reclusion perpetua.
WHO MAY FILE A PETITION FOR ABSOLUTE PARDON?
One may file a petition for absolute pardon if he had served his maximum sentence or granted final release and
discharge or court termination of probation.
IS A PRISONER WHO IS RELEASED ON PAROLE OR CONDITIONAL PARDON WITH PAROLE
CONDITIONS PLACED UNDER SUPERVISION?
Yes, the prisoner is placed under the supervision of a Probation and Parole Officer.
WHAT IS PAROLE?
It is the release of a prisoner from prison after serving the minimum period of his indeterminate sentence.
WHO CANNOT BE GRANTED PAROLE?
Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or to a prison
sentence without a minimum term of imprisonment.
WHO MAY GRANT PAROLE TO A PRISONER?
The Board of Pardons and Parole, an agency under the Department of Justice.
WHEN MAY A PRISONER BE GRANTED PAROLE?
Whenever the Board of Pardons and Parole 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 and when a
prisoner has already served the minimum penalty of his/her indeterminate sentence of imprisonment.
WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE?
He shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period
of his sentence.
WHAT IS EXECUTIVE CLEMENCY?
It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybe granted by the president
upon recommendation of the Board.
WHAT IS COMMUTATION OF SENTENCE?
It is the reduction of the period of a prison sentence.
WHAT IS CONDITIONAL PARDON?
It is the conditional exemption of a guilty offender for the punishment imposed by a court.
WHAT IS ABSOLUTE PARDON?
It is the total extinction of the criminal liability of the individual to whom it is granted without any condition
whatsoever resulting to the full restoration of his civil rights.
WHO MAY FILE A PETITION FOR CONDITIONAL PARDON?
A prisoner who has served at least one-half (1/2) of the maximum of the original indeterminate and/or definite
prison term.
WHO MAY GRANT COMMUTATION OF SENTENCE AND PARDON?
The President of the Philippines.
WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE?
The Board may review the petition of a prisoner for commutation of sentence if he/she meets the following
minimum requirements:
Ø At least one half (1/2) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum
of his determinate and/or prison terms;
Ø At least ten (10) years for prisoners sentenced to one (1) reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punishable under Republic Act 7659 and other special laws;
Ø At least twelve (12) years, for prisoners whose sentences were adjusted to forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended;
Ø At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659
committed on or after January 1, 1994 and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
Ø At least seventeen (17) years for prisoners sentenced to two (2) or more reclusion perpetua or life imprisonment
even if their sentences were adjusted to forty (40) years in accordance with the provision of Article 70 of the
Revised Penal Code, as amended;
Ø At least twenty (20) years, for those sentenced to death which was automatically commuted or reduced to
reclusion perpetua.
WHO MAY FILE A PETITION FOR ABSOLUTE PARDON?
One may file a petition for absolute pardon if he had served his maximum sentence or granted final release and
discharge or court termination of probation.
IS A PRISONER WHO IS RELEASED ON PAROLE OR CONDITIONAL PARDON WITH PAROLE
CONDITIONS PLACED UNDER SUPERVISION?
Yes, the prisoner is placed under the supervision of a Probation and Parole Officer.