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Part II. Correctional Administration
HISTORICAL DEVELOPMENT OF CORRECTIONAL SYSTEM
1. Code of Hammurabi
The Law of the Talion (Lex Taliones) of the
principle of “tit for tat” (“eye for an eye” or tooth
for a tooth”)is one of the principle that can be
viewed from most of the provisions of the code of
Hammurabi especially on sections involving
punishments are either death or mutilation.
2. The Hittites
About two centuries after the Hammurabi,
the Hittites flourished even though part of their
codes was discovered, few of its provisions are
deciphered. What was observed in the code of the
Hittites is a great Importance of morality. It only
shows that even during the ancient time, values
are greatly different from one group to other.
3. The Religious Codes
The book of Deuteronomy, the fifth book in
the Bible, contains the basis of the Jewish laws, one
of the most prevailing theory is that of the Ten (10)
Commandments found in Chapter XII ro XXVII. This
is a form of covenant between God and the people
of Israel, given to Mosses on the mountain top (Mt.
Sinai). The counter part of this in the Islamic
countries is the book of Koran, which has so much
in parallel to the Christian and Jewish culture.
Although it will be observe that the Koran is more
specific on three kinds of offenses: Homicide,
theft and adultery. The Koran is of divine origin
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and it is said to have been given by Allah to
Prophet Mohammed.
4. The Greek
The Code of Drakon “ULTIMATE
SEVERITY”and the Solon are the two of the most
famous codes of Greek at about seventeenth
century B.C. The Drakon comes first and later
repealed by the Solon code except for some
offenses still the principle of Talion was carried in
these codes.
5. Rome and the Criminal law.
Among other codes, the Roman law has the
longest influenced over many criminal laws, it
begins with the Twelve Tables of Wood, prepared
in 451-450 B.C.
A presentation of the earliest Roman
Codified laws, until it is largely incorporated into
the Justinian Code finished in 529 and was revised
in the next four (4) decades. Most of the English
common law and Western World legal codes were
said to have been derived from it.
The Punishment in the Middle Age to the Criminal Law
and Deterrence.
After the fall of Rome in the fifth century A.D. to
the beginning of the middle ages in the thirteenth century,
submerging Europe to the “Dark Ages” the roman laws
were almost forgotten and strongly revived only during
the Renaissance and Reformation and on to the
Eighteenth and nineteenth centuries.
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“Act of the Punishment of Roque, Vagabonds and
sturdy Beggars” (1597) = law that was enacted during the
reign of King Henry VII (1509-1947) under his daughter
Elizabeth I. It mandates that beggars should be return to
their birth place, kept in jail or house of correction until
they could be put to work. These became later the basis of
transportation of criminals beyond the seas, as an
alternative to corporal punishment.
The Former Royal Palace of Bridewell, London
(1557) was the first work house for “poor and idle
people”.
1602, Elizabeth I proclaimed that those prisoners
who are not convicted of murder, rape or burglary be sent
to the Galleys to work as slave 0r oarsman to row naval
vessel and may even yield some profit out of their
punishment.
In 1703, Pope Clement has Hospice de San
Michelle in Rome. The prisoners were classified according
to their age and crime they had committed. This placed
was designed for incorrigible youths under 20 years of age
and on top of their doors an inscriptions is written which
reads, – “ It is insufficient to restrain the wicked by
punishment unless you render them virtuous by
corrective discipline.” At night they pray and sleep on
separate cells for repentance but at day time work in a
large central hall isolation, solitary work in the cells, bread
and water diet, floggings and the black hole were some of
the punishment, In 1735 Clement XII established an
institution for woman based on the work of John
Howard.
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In 1773, John Howard (1726-1790) High Sheriff of
Bedfordshire) as a young man he traveled to Europe
hoping to help in the relief of Lisbon after the disastrous
earthquake of 1755. He was captured by the French and
was held prisoner for two months in conditions of great
barbarity. Lucky he was returned to England as exchange
prisoner. Having been influenced by Beccaria and through
his own experience he wrote a book entitled “ The State of
the Prisons in England and Wales” which makes him
known as one of the greatest prison reformer.
18th Century = considered to be one of the most
brutal ages for punishing criminals. A combination of the
Old and New system. Flogging was the most popular
method of corporal punishment. Hanging is publicly done
just like a scenario in a carnival where the phrase gala day,
gala occasion was derived from the word gallaome.
1718 – Punishment and transportation of criminals
from England to America became a practice although it
was abruptly halt in 1778 due to American Revolution
leading England to divert her convicts to Australia and
New Zealand.
Mid of the 19th Century (1875) = transportation
system was finally abandoned but over 135,000 felons had
been sent to Australia and New Zealand.
Old “Hulk” (abandoned and unsuitable transport
ships) = was converted as prison in order to ease the
congestion in prison. But this resulted into a more
degrading life for both prisoners and guards to the point
that they call is the “floating hell”. This even last for 85
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years and no segregation was made between youth, man
and woman.
Later part of the 18th Century = considered as the
great transition and also known as the “Age of Reason or
Age of Enlightenment” Baron de Montesquieu and
Voltaire, took active part in making reforms in criminal law
and procedure by stimulating the crusading zeal of an
Italian Philosopher named Cesare Becarria.
“On Crimes and Punishment, 1764”, Becarria’s
great contribution to correction/penal system. A direct
result of protest over cruelties and inequalities of the law
and the courts. Its essential principles are follows:
1. The basis of all social action must be the
Utilitarian concept, with emphasis on behavior
that must be useful, purposeful and
reasonable.
2. Crime must be considered an injury to the
society and its extent should be rationally
measured.
3. Prevention of crime is more important than
punishment for crime.
4. Secret Accusation and torture should be
abolished as a part of criminal procedure.
Speedy trial should be promoted and accused
should be treated humanely before trial.
5. Punishment is justifiable only on the
supposition that it helps deter a person from
committing a crime. No capital punishment.
Life Imprisonment is a better deterrent.
Banishment is an excellent punishment for
crimes against state. Crimes against property
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should be punished by fine or imprisonment
only when the person is incapable of paying the
fine. Capital punishment is irreparable and
hence no provision for possible mistakes and
the desirability or later reflection.
6. Imprisonment should be more widely
employed but its mode of applications should
be greatly through providing better physical
quarters and by separating and classifying the
prisoners into age, sex and degree of
criminality.
Jeremy Bentham “Greatest Happiness Principle” and
Hedonistic calculus further developed the Classical School
of Criminology/Penology. The concept of pain and
pleasure. He saw punishment into four (4) objectives:
1. To prevent all offenses , if possible
2. If a person chooses to commit an
offense, punishment will persuade him
to commit a less rather a more serious
one;
3. When a person made up his mind to
commit a particular offense,
punishment will disposes him to do
more mischief than is necessary to his
purposes;
4. To prevent the crime at as cheap a rate
as possible.
William Penns “The Great Law” of the Pennsylvania
Tuakers, providing more human treatment of offender.
The two rival prison
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Auburn System (1819) = confinement of the prisoners in a
single cells at night and congregate work in shops during
the day. (Adopted by United States).
Pennsylvania System (1829) = Confinement of prisoners in
their own cells day and night (adopted by European
Countries).
Both Auburn and Pennsylvania observe complete silence.
Mariel Montesinos (Director of the Prisons of Valencia,
Spain in 1835) = divided prisoners into companies and
appointed a prisoners a petty officer in charge. Academic
classes of one hour a day more given all inmates under 20
years of age.
Domets (France) = Established agricultural colony for
delinquent boys in 1839 focus on re-education. Once
discharged, the boys placed under the supervision of a
patron.
Alexander Mochanochie (England)= Supt of Norfolk Island
Penal Colony in Australia, introduced the Mark System
(progressive human system) to substitute for corporal
punishment.
= prisoners who earned a required number of mark
is given a ticket of leave which is equivalent to parole.
= fair disciplinary trial, built churches, distribute
book and allowed play to be staged, permitted prisoners
to find small garden and rehabilitation system.
= One of the Father of Modern Penology.
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Sir Walter Crofton (Chairman of the Directors of Irish
Prisons- 1856) = Introduced the Irish System (Progressive
Stage System)
Stage 1 = solitary confinement for nine months at a
certain prisons with reduce diet and allowed monotonous
word and towards the end prisoners were given more
interesting work, some education and better treatment.
Stage 2 = assignment of public works at spike
island. Prisoners were graded according to mark system
and were a badge of distinction to others which later serve
to shorter the length of stay.
Stage 3 = Prisoner was sent to lurk on Smithfield as
preparation for release. Prisoners worked without
custodial supervision and was exposed to ordinary
temptations of freedom and release on supervision subject
to certain condition equivalent to present day parse.
= “self-improvement b the prisoners himself
through successive stages”.
1870 to 1880 = The Golden Age of Penology.
1870 American Correctional Association (formerly known
as National Prison Association was organized adopting a
“Declaration of Principles” later revised in prison Congress
of 1933.
1872 – first International Prison Congress was held in
London creating the International Penal and Penitentiary
Commission (IPPC/Hague) an inter-government
organization) established in 1875 and was dissolved and
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its function were transferred to the Social Defense Section
of the United Nations.
Elmira Reformatory (1876) forerunner of Modern
Penology.
= established a link between the community-based
program and the penal institution.
1877 was opened in Elmira, New York with Zebulon R.
Brockway as Superintendent = using Intermediate
sentence compulsory develops Parole which soon spread
to other states in U.S.A.
= training school type of institution program for
boys from 16 to 30 years of age;
= new prisoners were classified as second grade
until promoted to first grade after six (6) months of good
behavior;
= extensive used of parole which is granted after
another six (6) months of good behavior in the first grade;
= after a prisoner committed misconduct he will be
demoted to 3rd grade unless he show good conduct for
one month he will be reclassified to second grade; and
= Indeterminate Sentence and Parole based
System.
1897 = Sir Evelyn Ruggles Brise (England) Director of
English Prison, after visiting Elmira Reformatory, opened a
Borstal Institution near Roached, In Kent which was
considered as the best reform Institutions for young
Offenders.
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First separate institution for women was
established in Indiana and Massachusetts.
The Elmira Reformatory was considered failure in
practice by the year 1910 until it was revived in 1930 as a
result of revamp of the educational program of the Elmira
Reformatory. Later it was succeeded by the Industrial
Prison Movement. Industrial Prison Movement was ended
by a law passed In the year 1934 prohibiting the sell of
prison-made articles to the public and limit used of
government owned institution agencies.
The classical Movement: The reorganization of the
Federal prison system in 1930 started the movement for
modern correctional reforms. The Federal law created the
Federal Bureau of Prisons and placed a director as head of
the system. As a result of the organization, penal
institutions, which were formerly administered
independently by their respective wardens, were placed
under the centralized jurisdiction of the Federal Bureau of
Prisons.
Development of Parole
Europe – where the historical part of parole was
originated
18th Century = the Thames River was occupied by Prison
Ships
“Hulk” = prison ships in the later part of the 18 th century.
French word “Parole d’ Honeur” meaning “Word of
Honor”.
1837 = First parole law was passed in Massachusetts. At
the same time Captain Mochanochie, In charge of the
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English Penal Colony in Norfolk Island, Australia, introduce
a system whereby a prisoner was given a “ticket of leave”
(the equivalent of parole) after earning a certain required
number of marks.
1856 =Parole was also featured in Irish Prison System
based on an Indeterminate sentence and the mark system
Even the Elmira Reformatory has a limited form of
indeterminate sentence and a method of mark similar to
the Irish System, and Parole based on marks. The principal
defect of early parole system was the manner of
determining eligibility for parole. The system of parole is
said to be based on the principle of “word of Honor”.
Dr. S.G. Howe of Boston = first man to use the word
“parole”.
= He used the word in a letter to the Prison
Association of New York in 1869, after some American
Prison Reforms who observed that the Irish Prison System
paved the way for the approval of the law --- creating
Elmira Reformatory.
Elmira Reformatory (1876)== forerunner of Modern
Penology.
= established a link between the community-based
program and the penal institution.
1877 was opened in Elmira, New York with Zebulon R.
Brockway as Superintendent = using Intermediate
sentence compulsory develops Parole which soon spread
to other states in U.S.A. Father of Prison Reform in U.S
Parole in the Philippines
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Act 4103 = otherwise known as the “Indeterminate
Sentence Law”, took effect on December 5, 1933.
Amended by E.O. 83, Series of 1937 – gave the
“Board” the authority to advice the Chief Executive on the
course/s of action to take on petitions for executive
clemencies.
Renamed the Board of Indeterminate Sentence to
Board of Pardon.
October 4, 1947 – Executive Order 94 took effect.
Also known as the “Reorganization Law of 1947”
which abolished the Board of Pardons and created
the Board of Pardons and Parole.
Development of PROBATION
England
It is where probation started in a form of
suspending judgment and releasing offender on his own
Recognizance (ROR) with the promise not to commit any
more crime.
Mathew Davenport Hill = Father of England Probation.
United States
Probation was practiced by John Augustus (Boston
Shoemaker) in 1841 although the first probation
law was passed in Massachusetts 1878 but was
widely used only upon the passage of the First
Juvenile Court law of Cook Country in Chicago in
1899.
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Edward N. Savage = Ex- chief of police of Boston
who became the first probation officer employed
by the government.
In the Philippines
Commonwealth Act no. 3203 – took effect on
December 3, 1924 =1st Juvenile Delinquency Law of the
Land.
Act No. 4221 of the Phil. Assembly (Probation Act)
= established an adult probation law but was abolished in
1937 after two (2) years of existence on the ground of
unconstitutionality in the case of People vs. Vera, 37 O.G.
164.
P.D. 968 = reestablished the adult probation law
which was signed by Pres. Ferdinand Marcos on July 24,
1976. Probation law of 1976
P.D. 603 = “The Child and Youth Welfare Code”
which provides for youth probation law that was signed on
December 10, 1974 and took effect June 10, 1975.
R.A. 9344 = The Juvenile Justice Welfare Act of May
2006 amending P.D. 603.
PARDON
It is a form of Executive Clemency which is
exercised by Chief Executive. It is an act of Grace and the
recipient is not entitled to it as a matter of right. It is
discretionary and not subject to review by the judiciary. It
dates back to the pre-Christian Era. It was applied to
members of the Royal Family who committed crimes and
occasionally to those convicted of offenses against the
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royal power. In England it was usually an exclusive power
of the king but there were times that is was extended to
the Queens upon advised of the Minister of the Interior.
In United States, pardon was exercised by the
Royal governor delegated to him by the King. After her
independence, the federal and the state constitutions
vested it to the President of the United States and the
Governor in federal and state cases, respectively.
KINDs of Pardon in the Philippines:
1. Absolute Pardon = given without any condition
attached to it.
Its purposes are : (1) to do away with the
miscarriage of justice; (2) to keep punishment
abreast with the current philosophy, concept or
practice of criminal justice administration; and
(3) to restore full political and civil rights of
person who have already served their sentence
and have waited the prescribed period.
2. Conditional Pardon = Serves the purpose of
releasing a prisoner who is already reformed or
rehabilitated but who cannot be paroled
because the parole law does not apply to him.
Thus a prisoner serving a determinate sentence
or life imprisonment is excluded from the
benefits of the parole law. However reformed
he may be given conditional pardon.
Executive Clemencies:
1. Pardon (Absolute/conditional)
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2. Amnesty (with concurrence of the
Congress)
3. Reprieve = temporary suspension of the
execution of sentence (usually extended
to death penalty prisoners).
4. Commutation of Sentence
,
PHILIPPINE PRISON HISTORY
(BSINDSL) Memory aid
B – Bilibid Prison
On Oroquieta Street in Manila, which was
established in 1847? It was formally opened on April 10,
1866 by a Royal Decree.
S – San Ramon Prison and Penal Farm
on August 21, 1870, was established to confine
Muslim rebels and intractable 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.
Copra
Capt. Ramon Blanco
Zamboanga Del Sur
I – Iwahig Prison and Penal Farm
Americans established in Nov. 04, 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. It was
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located on the westernmost part of the archipelago far
from the main town to confine incorrigibles with little
hope of rehabilitation.
Order of Gov. Luke Wright
Palawan
Reorganization Act 1407
1,000 Hectares
TAGUMPAY Settlement
(6 Hectares) homestead lots distributed to inmates
for those who live there
RDC
Lt. George Wolfe became its 1st Superintendent
The area was expanded to 41,007 hectares by virtue of E.O
67 issued by Governor Newton Gilbert on October 15,
1912. (SIMC)
Sta. Lucia Sub - Colony
Inagawan Sub - Colony
Montible Sub - Colony
Central Sub – Colony
N – National Bilibid Prison
On January 22, 1941. The prison reservation had
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.
Lt. George Wolfe was its 1st Prison Director
Muntinlupa, City
Lethal Injection is located
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Note:
President Fidel V. Ramos signed in to law the
imposition of Death Penalty on Heinous Crime (R.A
7659) Dec. 13, 1993
Lethal Injection (R.A 8177) March 20, 1996
Feb. 5, 1999, Leo Echegaray was first death convict
executed thru Lethal Injection.
Chemicals Compound of Lethal Injection
1. Sodium Thiopental – put convict to sleep.
2. Pancuronium Bromide – Paralyze the muscles
3. Potassium Chloride – stop the heart beat
Maximum security compound at NBP Main Building,
death convicts
inmates sentenced to life term
numerous pending cases,
multiple convictions, and
sentences of more than 20 years.
Medium security Camp, 2.5 kilometers from the
main building. This became known as Camp Sampaguita
Minimum Security Camp, at Bukang Liwayway.
Half-Way House, for those who will release
Juvenile Training Center. Both projects are
supported by funds from Japan through the
representation of the Interdisciplinary Committee of
National Police Commission (NAPOLCOM).
D – Davao Penal Colony and Farm
Tagum, Davao del Norte
Approximate Land Area is 30,000 hectares
First penal settlement organized under Filipino
Administration
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Jan. 21, 1932 (Act 3732 & Proc. 414 series 1931)
signed by Gov. Dwight Davis
Tagum Development Company (TADECO)
Tagum Settlement
Banana (3000 Hectares)
Tagum Settlement
Two Sub – Colony (PK)
Panabo Sub - Colony
Kapalong Sub – Colony
S – Sablayan Penal Colony and Farm
Occidental Mindoro
Established Sept. 27, 1954
Four Sub – Colony (CPPY)
Central Sub – Colony
Pusog Sub – Colony
Pasugui Sub – Colony
Yapang Sub - Colony
L – Leyte Regional Prison
Abuyog Leyte
Established Jan. 16, 1973
Note:
“National Correctional Consciousness week”
Every last week of October
Correction Institution for Women (CIW)
Nov. 27, 1929
Establishment of the Correctional Institution for
Women in Mandaluyong City under Act No. 3579
Its old name was
“Women’s Prison”
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Total land area is 18 hectares
In 1934, the position of Female Supt was made for
the operation of this penal facility
Note:
The Bureau of Prisons was renamed Bureau of
Corrections under the New Administrative Code of
1987 and Proclamation No. 495 issued on
November 22, 1989
(EO292)
MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
1. By conditional pardon- a contract between the
president and the convict the former will release
the latter upon compliance with certain conditions.
2. By commutation of sentence- it is the reduction of
the period of imprisonment of the offender or the
amount of the fine.
3. For good conduct time allowance- are deductions
from the term of the sentence for good behavior of
the convicted prisoner.
4. Parole- consists of the suspension of the sentence
of a convict after serving the minimum term of the
indeterminate penalty.
GOOD CONDUCT TIME ALLOWANCE
(Granted by the Director of Prison)
Years of good behavior Allowance earned
1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month
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Special allowance for loyalty
It is a deduction of 1/5 of the period of sentence to
any prisoner who, having evaded the service of his
sentence under the circumstances in art. 158 RPC, gives
himself up to the authority within 48 hours following the
issuance of a proclamation announcing the passing away
of the calamity by the President of the Philippines
PRISONERS === FRISKING --- RDC (Reception and
Diagnostic Center) 5 days quarantine, 55 days stay
(60days) ------CLASSIFICATION (Classification Board)
1. According to Security Risk
Max = sentenced to 20 years (Orange/tangerine)
Medium = (blue)
Minimum =(brown)
Detainee (gray)
BJMP all are in (yellow)
According to privilege
Colonies,
1st class,
2nd class,
3rd class
3rd class = 3 times or more sentence
2nd = 1st time offender
1st = skilled prisoner
Colonies = they came from the first class which was given
privilege. They can wear civilian cloth during program,
received the regular GCTA plus 10 days. (you can even
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request your wife from CIW to transfer in the colony or
even with the entire family)
Leaves from prison
60 days before election and 30 days after election
no release of prison.
Death = leave should only be allowed for medium
and minimum risk prisoner (immediate
relative/legitimate spouse) apply two days before
and allowed within 30 kilometers radius by land
3 days before – interview with minimum and
medium
Note:
Waiver and liability signed by/reported when
requesting for interview.
Halfway house = Japan Nagoya halfway house with 2
hours caring institution for those who are about to be
release.
RIOTS OR DISTURBANCE
1 ST GROUP – ANTI RIOT CONTINGENCY GROUP NO
F/A
2ND Group – Back up group may use teargas.
3rd Group = trained to handled gun.
COMMAND Group
Chief
Dept. Chief
Chief of Staff
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Disciplinary Actions:
BJMP - Disciplinary Board (resolves issues within 48 hours )
BUCOR – Board of Discipline (resolve issues within 5
working days)
Reprimand - lowest penalty for violation in prison
1- 7 days severe punishment in BJMP
1- 2 months severe punishment in BuCor
AFP Stockade == those who were in Baguio with sentence
of only
Agricultural and Forest Camp = for youth convicted (youth
camp)
Death convict = those sentenced for death (lethal
injection)
Within 24 days – all letters are documented
Privilege for visit with priest/family every week and
others.
At least four (4) members of the family except
minor, two lawyers, personnel of PPA, two media
from tabloid and broad sheet, news TV, Radio and
Foreign --- only to serve as witness and not to do
other thing.
Note:
60 years old = exempt from work
8 hours –minimum work time
At least 4 times/ day check of attendance
Mail allowed expenses should be shoulder by the
prisoner subject to censorship.
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Within 24 hours posted, if not taken, it will be
taken and turnover to your dormitory.
Pregnant woman = can stay within one year if
nowhere to place the baby, the baby will be given
to DSWD.
JAILS
Institution for confinement or convicted offenders
sentenced to imprisonment of three years or less and
offenders waiting and/or undergoing trial.
Derived from the Spanish word “Jaula” and “Caula”
and French word “gaol”
Provincial jails are administered and supervised by
their respective provincial government
City and municipal jails are administered and
supervised by the bureau of Jail Management and
Penology.
TYPES OF JAILS
Lock up
Security facility for the temporary detention of
persons held for investigation or awaiting
preliminary hearing: usually the period of
detention does not exceed forty –eight (48)
hours.
Ordinary Jail
Institution for confinement or convicted
offenders sentenced to imprisonment of three
(3) years or less and offenders waiting and/or
undergoing trial.
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Workhouse Jail
farm or camps
P.D. 29 = the law that classified prisoners
Classification of prisoners
According to Status:
Detention prisoners = those held for security
reasons; held for investigation; those awaiting final
judgment; those awaiting trial.
= person detained for the violation of law
or ordinances and not yet convicted.
Sentenced prisoner = those convicted by final
judgment
A. According to PD 29
Insular or National Prisoner = those who
sentence is 3yrs and one day to death or
whose fine is more than six thousand pesos
(P6,000.00), or both
City/ Provincial Prisoner = those whose
sentence is less than 3 years or whose fine is
less than six thousand pesos (P6,000.00) but
more than two hundred pesos (P200.00) or
both
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B. According to Sentence/Four main classes of
Prisoners
Insular or National Prisoner = one who is
sentenced to serve a prison term of three years
and one day to death. (3 years and 1 Day to Death)
Provincial Prisoner = one who is sentenced to
serve a prison term of six months and one day to
three years. (6 month and 1 day to 3 years)
City Prisoners = one who is sentenced to serve a
prison term of one day to three years.
Municipal Prisoner = one who is sentenced to
serve a prison term of one day to six months.
Classification
The process of assigning or grouping of inmates
according to their sentence, gender, age, nationality,
health, criminal records and other pertinent facts as basis.
A method by which diagnosis, treatment, planning
and execution of treatment programs are coordinated to
an individual.
The process of assigning inmates to types of
custody or treatment programs appropriate to their needs.
Procedures of Classification
a. Diagnosis – a stage where the prisoners case
history is taken and his personality studied.
- Through examinations and observations, the
nature and extent of the person’s criminality is
determined and it shall be the basis for the
formulation of his rehabilitation program.
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b. Treatment planning – involves the formulation
of a tentative treatment program best suited to
the needs of the individual prisoner, based on
the findings
c. Execution of the treatment program- the
actual application of the treatment program
designed for the prisoner
d. Re-classification – the process of monitoring
the response of the prisoner to the treatment
program and the conduct of review of previous
findings as compared to new information
currently available.
- Periodic analysis of inmates continues from the
time of the initial classification until his release.
Penalty- is the suffering that is inflicted by the State for
the transgression of the law
THEORIES JUSTIFYING PENALTIES
1. Prevention- the state punishes the criminal to
prevent or suppress the danger to the State
and to public arising from the criminal acts of
the offender.
2. Self-Defense – the state punishes the criminal
as a measure or self-defense so as to protect
society from the threat and wrong inflicted by
the criminal.
3. Reformation- it is the duty of the state to take
care of and reform the criminal
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4. Exemplarity – the criminal is punished to serve
as an example to discourage others from
committing crimes.
5. Justice –based on the theory that crime must
be punished by the state as an act of retributive
justice, a vindication of absolute right and
moral law violated by the criminal
Juridical Condition of Penalty
1. Juridical and Legal- it must be imposed by
virtue of a judgment as prescribed by law
2. Definite - it must be specific
3. Commensurate- it must be proportionate to
the gravity of the crime
4. Personal - it must be imposed to the person
who actually committed the crime with no
substitutes.
5. Equal- it must apply to all offenders
Classification of Penalties (Duration of imprisonment)
Capital Punishment = Death
Afflictive Penalties
Reclusion Perpetua = 20 years and 1 day to 40
years
Reclusion Temporal = 12 years and 1 day to 20
years
Prison Mayor = 6 years and 1 day to 12 years
Correctional Penalties
Prison Correctional = 6 months and 1 day to 6 years
Arresto Mayor = 1month and 1 day to 6 months
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Light Penalties
Arresto Mayor = 1 day to 30 days
P.D. 968 - Probation law of 1976 ---- July 24, 1976 (Section
1)
(R.A. 9344 - Juvenile Justice Welfare Act of 2006 (Youth
Probation Law amending P.D. 603)
Section 2. Purpose. This Decree shall be interpreted so as
to:
(a) promote the correction and rehabilitation of an
offender by providing him with individualized treatment;
(b) provide an opportunity for the reformation of a
penitent offender which might be less probable if he were
to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the
following shall, unless the context otherwise requires, be
construed thus:
(a) "Probation" 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.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for
the court a referral for probation or supervises a
probationer or both.
Section 4. Grant of probation
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Probation is applicable after conviction (within 15
days upon the promulgation of judgment) which suspend
the execution of sentence.
It may be granted whether the sentence imposes a
term of imprisonment or a fine only. It shall be filed with
the trial court
No application for probation shall be entertained
or granted if the defendant has perfected the appeal from
the judgment of conviction ( P.D. 1990)
Its application shall be deemed a waiver of right to
appeal.
Order granting or denying probation shall not be
appealable
Section 5. Post Sentence Investigation :
Investigation by the probation officer (and a
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.
Section 6. In a form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
Section 7. Submission to the court not later than sixty (60)
days from receipt of order of the court to conduct the
investigation.
The court shall resolve the petition for probation
not later than five (5) days after receipt of the said report.
Pending submission of the investigation report ---
petitioner may post bail for temporary liberty, if no bail
was post, the court may allow his release on recognizance
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Section 8. Criteria for Placing an Offender on Probation.
In determining whether an offender may be placed on
probation, the court shall consider all information relative,
to the character, antecedents, environment, mental and
physical condition of the offender, and available
institutional and community resources. Probation shall be
denied if the court finds that:
(a) the offender is in need of correctional treatment that
can be provided most effectively by his commitment to an
institution; or
(b) there is undue risk that during the period of probation
the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense
committed.
P.D. 1990) Sec. 2. Section 9 of Presidential Decree No. 968
is hereby amended to read as follows:
"Sec. 9. Disqualified Offenders. — The benefits of this
Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment
of more than six years; .
(b) convicted of subversion or any crime against the
national security or the public order;
(c) who have previously been convicted by final judgment
of an offense punished by imprisonment of not less than
one month and one day and/or a fine of not less than Two
Hundred Pesos.
(d) who have been once on probation under the provisions
of this Decree; and
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(e) who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof."
Sec. 3. The provisions of Section 4 of Presidential Decree
No. 968, as above amended, shall not apply to those who
have already filed their respective applications for
probation at the time of the effectivity of this Decree. .
Sec. 4. All laws, decrees, executive or administrative
orders, rules and regulations, or parts thereof, inconsistent
with this Decree, are hereby repealed, amended or
modified accordingly.
Sec. 5. This Decree shall take effect after fifteen (15) days
following its publication in the Official Gazette.
DONE in the City of Manila, this 5th day of October, in the
year of Our Lord, nineteen hundred and eighty-five.
Section 10. Conditions of Probation. Every probation
order issued by the court shall contain conditions requiring
that the probationer shall:
(a) present himself to the probation officer designated to
undertake his supervision at such place as may be
specified in the order within seventy-two hours from
receipt of said order;
(b) report to the probation officer at least once a month at
such time and place as specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
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(c) devote himself to a specific employment and not to
change said employment without the prior written
approval of the probation officer;
(d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational
training;
(f) attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social
worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his
residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation
of the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation
order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences
thereof and explain that upon his failure to comply with
any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty
imposed for the offense under which he was placed on
probation.
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Section 12. Modification of Condition of Probation.
During the period of probation, the court may, upon
application of either the probationer or the probation
officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or
the probation officer of the filing such an application so as
to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and
the probationer of any change in the period or conditions
of probation.
Section 13. Control and Supervision of Probationer. The
probationer and his probation program shall be under the
control of the court who placed him on probation subject
to actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place
under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court of
First Instance of that place, and in such a case, a copy of
the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge.
Thereafter, the Executive Judge to whom jurisdiction over
the probationer is transferred shall have the power with
respect to him that was previously possessed by the court
which granted the probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a
term of imprisonment of not more than one year shall not
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exceed two years, and in all other cases, said period shall
not exceed six years.
(b) When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment in case
of insolvency, the period of probation shall not be less
than nor to be more than twice the total number of days
of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal
Code, as amended.
Section 15. Arrest of Probationer; Subsequent
Disposition. At any time during probation, the court may
issue a warrant for the arrest of a probationer for violation
of any of the conditions of probation. The probationer,
once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be
admitted to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged
with a crime shall be applicable to probationers arrested
under this provision. 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.
An order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable.
Section 16. Termination of Probation. After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court may
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order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was
granted.
The probationer and the probation officer shall each be
furnished with a copy of such order.
Section 17. Confidentiality of Records. The investigation
report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall
not be disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned,
except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of
the probationer make such disclosure desirable or helpful:
Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders
may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby
created under the Department of Justice an agency to be
known as the Probation Administration herein referred to
as the Administration, which shall exercise general
supervision over all probationers.
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The Administration shall have such staff, operating units
and personnel as may be necessary for the proper
execution of its functions.
Section 19. Probation Administration. The Administration
shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall
hold office during good behavior and shall not be removed
except for cause.
The Administrator shall receive an annual salary of at least
forty thousand pesos. His powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation
officers;
(c) make annual reports to the Secretary of Justice, in such
form as the latter may prescribe, concerning the
operation, administration and improvement of the
probation system;
(d) promulgate, subject to the approval of the Secretary of
Justice, the necessary rules relative to the methods and
procedures of the probation process;
(e) recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in this
Decree; and
(f) generally, perform such duties and exercise such
powers as may be necessary or incidental to achieve the
objectives of this Decree.
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Section 20. Assistant Probation Administrator. There shall
be an Assistant Probation Administrator who shall assist
the Administrator perform such duties as may be assigned
to him by the latter and as may be provided by law. In the
absence of the Administrator, he shall/ act as head of the
Administration.
He shall be appointed by the President of the Philippines
and shall receive an annual salary of at least thirty-six
thousand pesos.
Section 21. Qualifications of the Administrator and
Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation
Administrator, a person must be at least thirty-five years
of age, holder of a master's degree or its equivalent in
either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police
science, police administration, or related fields, and should
have at least five years of supervisory experience, or be a
member of the Philippine Bar with at least seven years of
supervisory experience.
Section 22. Regional Office; Regional Probation Officer.
The Administration shall have regional offices organized in
accordance with the field service area patterns established
under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional
Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated
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Reorganization Plan and upon the recommendation of the
Secretary of Justice.
The Regional Probation Officer shall exercise supervision
and control over all probation officer within his jurisdiction
and such duties as may assigned to him by the
Administrator. He shall have an annual salary of at least
twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant
Regional Probation Officer who shall also be appointed by
the President of the Philippines, upon recommendation of
the Secretary of Justice, with an annual salary of at least
twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There
shall be at least one probation officer in each province and
city who shall be appointed by the Secretary of Justice
upon recommendation of the Administrator and in
accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an
annual salary of at least eighteen thousand four hundred
pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation
by the proper court or the Administrator;
(b) instruct all probationers under his supervision of that
of the probation aide on the terms and conditions of their
probations;
(c) keep himself informed of the conduct and condition of
probationers under his charge and use all suitable
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methods to bring about an improvement in their conduct
and conditions;
(d) maintain a detailed record of his work and submit such
written reports as may be required by the Administration
or the court having jurisdiction over the probationer under
his supervision;
(e) prepare a list of qualified residents of the province or
city where he is assigned who are willing to act as
probation aides;
(f) supervise the training of probation aides and oversee
the latter's supervision of probationers;
(g) exercise supervision and control over all field
assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or
the Administration.
Section 24. Miscellaneous Powers of Provincial and City
Probation Officers. Provincial or City Probation Officers
shall have the authority within their territorial jurisdiction
to administer oaths and acknowledgments and to take
depositions in connection with their duties and functions
under this Decree. They shall also have, with respect to
probationers under their care, the powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional,
Provincial, and City Probation Officers. No person shall be
appointed Regional or Assistant Regional or Provincial or
City Probation Officer unless he possesses at least a
bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police
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science, administration, or related fields and has at least
three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the
Philippine Bar with at least three years of supervisory
experience.
Whenever practicable, the Provincial or City Probation
Officer shall be appointed from among qualified residents
of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the
approval of this Decree, the Secretary of Justice shall
organize the administrative structure of the
Administration and the other agencies created herein.
During said period, he shall also determine the staffing
patterns of the regional, provincial and city probation
offices with the end in view of achieving maximum
efficiency and economy in the operations of the probation
system.
Section 27. Field Assistants, Subordinate Personnel,
Provincial or City Probation Officers shall be assisted by
such field assistants and subordinate personnel as may
be necessary to enable them to carry out their duties
effectively.
Section 28. Probation Aides. To assist the Provincial or
City Probation Officers in the supervision of probationers,
the Probation Administrator may appoint citizens of good
repute and probity to act as probation aides.
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Probation Aides shall not receive any regular
compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their
qualifications and maximum case loads shall be provided
in the rules promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation
Records. The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging from
hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized
the appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of
any funds in the National Treasury not otherwise
appropriated, to carry out the purposes of this Decree.
Thereafter, the amount of at least Ten Million Five
Hundred Thousand Pesos or so much as may be necessary
shall be included in the annual appropriations of the
national government.
Section 31. Repealing Clause. All provisions of existing
laws, orders and regulations contrary to or inconsistent
with this Decree are hereby repealed or modified
accordingly.
Section 32. Separability of Provisions. If any part, section
or provision of this Decree shall be held invalid or
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unconstitutional, no other parts, sections or provisions
hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon
its approval: Provided, However, That, the application of
its substantive provisions concerning the grant of
probation shall only take effect twelve months after the
certification by the Secretary of Justice to the Chief Justice
of the Supreme Court that the administrative structure of
the Probation Administration and of the other agencies
has been organized.
DONE in the City of Manila, this 24th day of July in the year
of Our Lord, nineteen hundred and seventy-six.
Definitions of Terms
CARPETA – the institutional record of an inmate which
consist of his commitment order, the prosecutors’
information and the decisions of the trial court.
PRISON JACKET (Inmate Record)= for those who
are convicted from Municipal Jail, city jail,
provincial jail will have their envelope of their
records called prison jacket.
PRISON RECORD =is just a sheet of paper
containing the sentence of the person.
Commitment – the entrusting for confinement of an
inmate to a jail by competent authority for investigation,
trial and or service of sentence.
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Commitment Order – a written order of the court or nay
competent authority consigning an offender to a jail or
prison for confinement.
Contraband – any article, item or object prohibited by law
or forbidden by prison rules
Corporal Punishment – the infliction of physical pain as a
form of punishment
Counseling - the relationship in which one endeavors to
help another understand and solve his problems or
adjustment
Diversification - an administrative device of correctional
institutions of providing varied and flexible types of
physical plants for more effective control of the treatment
programs of its diversified population
Diversion - establishment of alternatives to formal justice
system, such as deferred prosecution, resolution of
citizens dispute and others
Escape = an act of getting out unlawfully from
confinement or custody by an inmate.
Furlough - an authorization that permits inmate to leave
place of confinement for emergency reasons.
Instrument or Restraint - a device tool or instrument used
to hold back, keep in, check or control an inmate such as
hand cuffs, leg irons and chains.
Mittimus/writ or Mittimus – a warrant issued by a court
bearing its seal and the signature of the judge, directing
the jail or prison authorities to receive inmates for custody
or service of sentence imposed therein.
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Penal Servitude – a punishment which consist in keeping
an offender in confinement where convicted offenders are
to serve out the term of their sentence.
Penance- an ecclesiastical punishment inflicted by an
ecclesiastical court for some spiritual offense.
Penology = A branch of criminology which deals with
management and administration of inmates.
Penitentiary – a prison, correctional institution or other
place of confinement where convicted offenders are sent
to serve out the term of their sentence.
Prisonization- the process by which an inmate learns,
through socialization, the rules and regulations of the
prison culture.
Punishment = the redress that the state takes against an
offending members
Death penalty = by hanging, burning, immersing in boiling,
feeding to wild animals and other forms of barbaric ways
Corporal punishment = by flogging, mutilation,
disfiguration, and maiming
Public Humiliation = by use of stocks and pillory, docking
stool, branding, shaving off the hair.(Social Degredation)
Imprisonment, parole and probation = the more
recent form of punishment
EARLY concept of PUNISHMENT
1. Retribution=personal vengeance
2. Expiation or Atonement = group vengeance
3. Deterrence = serve as warning to future law
violators
4. Protection = for purposes of securing society
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5. Reformation= change of behavior from
unaccepted norm of behavior.
Rehabilitation = A program of activity directed to restore
an inmates self-respect thereby making him a law abiding
citizen after serving his sentence.
Safekeeping = the temporary custody of a person for his
own protection, safety or care; and/or his security from
harm, injury or danger for the liability he has committed.
Inmates = either a prisoner or detainee confined in jail
Detainee = a person accused before a court or competent
authority who is temporarily confined in jail while
undergoing investigation, awaiting final judgment
Classification of detainee
1. Undergoing investigation;
2. Awaiting or under trial; and
3. Awaiting final judgment
Prisoner = an inmate who is convicted by final judgment
and classified as insular, provincial, city or municipal
prisoners.
Notes: things must to remember
50 Pesos /day for every prisoner
Tang Code – First permanent law compilation
(China)
1924 – first used electrocution
Cristobal vs. Labrador – First case of Pardon
”Restore All”
Sec. 19. Art.17 – grant president sole power of
Pardon
People vs. Vera – first case of Act 4221
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House Bill 393 – An act establishing Probation law
in the Phil.
Elmira Reformatory – The Hill
Operation Greyhound – Check bedding, locks,
personal bedding
Assistant warden – Chairman of Classification, and
Disciplinary Board
P.D 968 – July 24, 1976 Approved
January 03, 1978 took effect
R.A 8369 – Family Court
Just Desert Model – Correction Model wherein
punish, because infringed the right of other
security
Walter Reckless – self-concept provides person
with strongest defense against delinquent
involment
Manama dharma – India
Hermes trismegitus – Egypt
Mosaic code – (retribution principle)
Admission is admissible if testimony of at least
one witness
King ur-nammu-restorative justice
Furca - v-shaped yolk worm around the neck where
the out stretched arm of the convict were tied
Roman prison:
Underground cistern – detained prisoner –
starved to death.
Ergastulum – attach to bench & forced to do
hard labor personnel of imprisonment.
Xenophon & Demosthenes – punished by
Burgundian code.
Flogging – garrote.
Guillotine – Introduce in France
Shot Drill – carrying heavy loads from one place to
another then returned to the same place everyday
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Treadmill – constantly climb up stairs, continually
during day, w/ prisoner logging up to 14,000 feet
stair /day equivalent to 3 to 4 stiff mountain /day
Sweat box – prisoner were put in a steel box in the
sun were used as punishment
Plantsa - Philippines
Paterfamilias – limitless power to punish err family
and slaves.
Roman-prohibiting flogging or execution unless
affirm by the CENTURIATE ASSEMBLY
STOCKS- device fastened to ankles, neck and wrist
of offender for long time
Aristotle-Nicomedia’s ethics “Punishment is a
means of restoring the balance between pleasure
and pain
Pope Innocent VIII – issued a Papa Bull
Lateran Council year (1215) – allow used of torture
Joan of Arc
Pope Leo I – first approved the killing
Priscillian – first recorded Christian put to death
heretic
Orleans, France (1022) – thirteen heretics
Pope Gregory IX – Encyclical “Excommunicamus”
Innocent IV – Introduce torture
King Henry VIII – corporal punishment
Vagrant – 1531, Penal slavery-1547
Brank – metal frame put in head and painful mouth
piece
Bridewell Institution – Bridewell, England in 1556,
1552 – king Henry Work house for vagabonds,
idlers, rogues
1779 Penitentiary Act.
Norfolk Prison wynmondham, England
1829 National Penitentiary of Milbank
1842 Pentonville National Penitentiary
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New York – largest Women Prison
1845 Penal code of Russia – hard labor of four
years to life
Amsterdam, New York 1600 – first recorded prison
Pennsylvania system – Rival of Auburn
Solitary confinement
1. Walnut street jail – 1790
2. Western Penitentiary - 1826
3. Eastern Penitentiary – 1830
Immanuel Kant – concept of Retribution
Sheriff John Howard – Bedfordshire, England,
recommendation to reform the prison system
First Probation Law – Massachusetts 20 years –
1878
Notorious Vielila – A notorious brigand and
Lombroso open his skull and found out atavistic
being
Edward N. Savage – Boston first probation officer,
former chief of Police in Boston
Clifford Shaw – conducted research Brother in
Crime, Delinquency Areas
First Juvenile Court – cook Illinois 1925
HITO – Man & is distributed inmates nation wide
CAPIC – officially registered as the trademark
SIPAT – cordilleras in northern Luzon, which have
their own brand of Justice.
Father Condrado Balweg – priest turned to rebel in
martial law, formed Cordillera People Liberation
Army
BODONG – kind of court to settle tribal and
individual
Don Severino Delas Alas – Elected by Andres
Bonifacio as first Minister of Justice at Magdiwang
Government, Naic Cavite
Prison Postal Service – send or received money
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Jail Booking 4 Copies – BJMP Central Office,
Regional Office, Provincial Administration Office,
Jail file
R.A 9263 – “ Bureau of Fire Protection – Bureau of
jail Management and Penology Professionalization
act of 2004” as amended by R.A 9592
At least count 4 times/day
Jail Guard
1. 1st group – initial wave of anti-riot, protected
head gear, facemask
2. 2nd group – back up force, tear gas, gas grenade
3. 3rd group – highly trained in firearm
Request to view the remain at least 3 days before,
offender/inmates not stay more than three hours
to view remain, must travel by land, and return
daylight
At least 1 hour exercise
At least 8 hours work
P.P 76 – Elpidio Quirino
HUKBALAHAP
Member
Leader
P.P 51 – Manuel L. Quezon
MAKAPILI
Collaborated the Japanese
During WW II
Sir Walter Crofton – Director of Irish Prison, Irish
System ‘ Individualized treatment”
Dr. S.G Howe – first man used the word “Parole”
(1846
Europe – Originate Parole
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CORRECTION ADMINISTRATION MOCKBOARD
1. 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
2. The theory in penal science which maintains that
punishment gives lesson to the offender and the would be
criminals is called:
A. deterrence
B. reformation
C. incapacitation
D. public safety
3. One of the following represents the earliest codification
of the Roman law, which was incorporated into the
Justinian Code.
A. Twelve Tables
B. Burgundian Code
C. Code of Draco
D. Hammurabic code
4. Municipal prisoners are those sentenced to suffer a
term of imprisonment from ___.
A. 1 day to 3 years
B. 1 day to 30 days
C. 1 day to 6 months
D. none of these
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5. The Sablayan Penal Colony and Farm, a National
Penitentiary in the Philippines under the BUCOR is located
in _____. (2013)
A. Palawan, Puerto Prinsesa
B. Tagum, Davao
C. Zamboanga del sur
D. Occ. Mindoro
6. In the history of correction, thinkers during the
reformatory movement were the major influences of
today’s correctional system. Alexander Mochanochie was
the one who introduced the:
A. Solitary system
B. Irish System
C. Marked System
D. Congregate system
7. What law renamed the Bureau of Prison to Bureau of
Correction during the Aquino administration in the
Philippines?
A. Executive Order 727
B. Executive Order 292
C. Executive Order 645
D. Executive Order 104
EXECUTIVE ORDER 727 – creation of the “Peace and Order
Council” to replace the police advisory council
EXECUTIVE ORDER 645 – abolishing the national fertilizer
corporation of the Philippines and transferring its
functions and appropriations to the national development
company
EXECUTIVE ORDER 104 – extension of the real tax amnesty
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8. The generic term that includes all government agencies,
facilities, programs, procedures, personnel, and
techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of alleged
offenders refers to:
A. Correction
B. Penology
C. Criminal Justice
D. community base pillar
9. 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
10. In Babylon, about 1990 BC, credited as the oldest code
prescribing savage punishment but in fact__________.
A. Hammurabic code
B. Sumerian Code
C. Justinian code
D. Code of Dracon
11. The sheriff of Bedfordshire 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.
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A. John Howard
B. Robert Peel
C. William Penn
D. Manuel Montesimos
12. 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 consequences must be in accordance with law
13.The duration of Arresto menor as a penalty is from
____ imprisonment.
A. 1 day to 1 month
B. 1 day to 31 days
C. 1 day to 30 days
D. either A or C
14. Ms. Jennifer was convicted for the crime of infanticide.
After serving her sentence she committed again the same
crime. Ms. Jennifer is a:
A. recidivist
B. quasi-recidivist
C. habitual delinquent
D. mentally retarded person
15. Mr. Manny was convicted for the crime of homicide.
While serving his sentence, he committed the crime of
rape. Manny is considered a:
A. recidivist
B. quasi-recidivist
C. habitual delinquent
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D. mentally retarded person
16. Mr. Panot was convicted for the crime of adultery for
three times and within a period of ten years. Panot is
considered as:
A. recidivist
B. quasi-recidivist
C. habitual delinquent
D. mentally retarded person
17. The Camp Sampaguita in Muntinlupa houses:
A. Super Maximum Security Prisoners
B. Medium Security Prisoners
C. Maximum Security Prisoners
D. Minimum Security Prisoners
18. The punishment should be provided by the state
whose sanction is violated, to afford the society or
individual the opportunity of imposing upon the offender
suitable punishment as might be enforced. Offenders
should be punished because they deserve it. This is one
justification of punishment called:
A. Atonement
B. Incapacitation
C. Deterrence
D. Retribution
19. The program which is conducive to change behavior
and moral by changing prisoner’s attitude for a useful
education refers to:
A. Vocational education
B. Prison education
C. Work programs
D. Recreational Programs
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20. The purpose of commutation of sentence is to:
A. do away with the miscarriage of justice
B. break the rigidity of the law
C. restore the political and civil rights of the accused
D. all of the above
21. The following are the aims of diversification in prison
or jail, except: (2013)
A. more effective execution of treatment programs
B. to prevent physical contamination of one group
another
C. to prevent unnecessary custodial risk
D. none of the above
22. The following are the duties of the custodial force in
prison, except:
A. Censor offender’s inmate
B. Escort inmates
C. Inspect security devices
D. Conduct disciplinary hearing
23. One of the following is an admission procedure which
involves the frisking of the prisoner.
A. Identification
B. Searching
C. Briefing/Orientation
D. minimum security prisoners
24. 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
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C. most senior
D. custodian
25. 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. Presidential Decree 603
B. Republic Act 6127
C. Act 4221
D. Presidential Decree 968
26. Which of these is known as the release on
Recognizance Law providers for the release of offender
charged with an offense whose penalty is not more than
six (6) months and/or a fine of P2,000.00 or both, to the
custody of a responsible person in the community, instead
of a bail bond –
A. Republic Act 6036
B. Republic act 6127
C. Presidential Decree 603
D. Republic Act 3660
REPUBLIC ACT 3660 – amend R.A 3274 “Electric Law”
PRESIDENTIAL DECREE 603 – CHILD AND YOUTH WELFARE
CODE
REPUBLIC ACT 6127 – full granting of time allowance
27. The continuing relationship between probation officer
and probationer is known as –
A. Affiliation guidance
B. Pre-sentenced investigation
C. Supervision
D. Probation guidance
28. The court may grant probation only –
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A. After arraignment
B. After conviction
C. Before conviction
D. all of these
29. The quasi-judicial body which was created under Act
no. 4103 otherwise known as the Indeterminate Sentence
Law or the Parole Law., the agency that grants parole to
any prisoner who is qualified to enjoy its benefit refers to:
A. The Probation and Parole Administration
B. The Board of Pardon and Parole
C. The Bureau of Correction
D. all executive clemencies
30. What is the country, whose early schemes for
humanizing the criminal justice under its common law,
originated probation?
A. England
B. United States
C. Greece
D. France
31. What is the country who first legally established
probation?
A. Germany
B. England
C. Rome
D. United State of America
32. Which of the following does not belong to the common
law practices to which the emergence of probation is
attributed?
A. Recognizance
B. Reprieve
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C. Benefit of the Clergy
D. Penance
33. 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
34. The Bureau of Correction has an admission program
for newly committed offenders to remain in the reception
and diagnostic center for a period of –
A. 30 days
B. 20 days
C. 60 days
D. 10 days
35. The form of Executive Clemency which reduces the
sentence of a convicted person to shorter term is referred
to as – (2012)
A. Amnesty
B. Probation
C. Commutation
D. Shortening
36. Who is charged for the hearing of disciplinary cased in
prison?
A. Classification Board
B. Parole Board
C. Administrative Board
D. Disciplinary Board
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37. Placing a person to custodial coercion is to place him
into physical jeopardy, thus drastically narrowing his
access to sources of personal satisfaction and reducing his
self –esteem. This is true in:
A. Managerial aspect
B. Restorative aspect
C. Humanitarian aspect
D. None of the above is correct
38. The form of conditional release that is granted after a
prisoner has served a portion of his sentence in a
correctional institution is known as:
A. conditional pardon
B. probation
C. parole
D. commutation
39. 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. conviction
C. Trial
D. Detention
40. The only early Roman place of confinement which is
built under the main sewer of Rome in 64 B.C.
A. Bridewell Workhouse
B. Walnut Street Jail
C. Burgundian House
D. Mamertime Prison
41. The court may grant probation only –
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A. After arraignment
B. After conviction
C. Before conviction
D. all of these
42. The investigation report of an officer shall be
submitted to the court not later than-
A. 15 days from receipt of the order
B. 30 days from receipt of the order
C. 60 days from receipt of the order
D. 45 days from receipt of the order
43. Upon receipt of the probation officer investigation
report, the court shall resolve the application for
probation not later than-
A. 60 days
B. 30 days
C. 15 days
D. 45 days
44. It is the authority of the President of the Philippines to
suspend the execution of penalty, reduce the sentence &
extinguish criminal liability
A. Parole
B. Executive clemency
C. Pardon
D. President’s clemency
45. B.J.M.P. is under the administration of the:
A. Executive Department
B. P.N.P.
C. D.I.L.G.
D. none of these
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46. There are three (3) casework techniques applied by the
parole officer, which one is not.
A. The trick and treat techniques
B. The executive techniques
C. The guidance, counseling and leadership
D. The manipulative techniques
47. The basis of this old school of penology is the human
free-will. Which of this focus to offender?
A. Penology School
B. Classical School
C. Neo-classical
D. Positivist
48. This helps the prisoner/detainee in the resolution of
his problems
A. Meeting
B. Working
C. Recreation
D. Counseling
49. Takes charge of financial matters especially in
programming, budgeting, accounting, and other activities
related to financial services. It consolidates & 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
50. Operation conducted by the BJMP wherein a prisoner
maybe checked at any time. His beddings, lockers and
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personal belongings may also be opened at any time, in his
presence, whenever possible. This practice is known as:
A. Check and balance
B. Standard Operating Procedure
C. Inventory
D. Operation Greyhound
51. Under Article VII, section 19, Pardon cannot be
extended to one of the following instances.
A. Murder
B. Brigandage
C. Rape
D. Impeachment
52. It refers to commission of another crime during service
of sentence of penalty imposed for another previous
offense, imposes imprisonment ranging one day to three
years?
A. Recidivism
B. Delinquency
C. Quasi-recidivism
D. City prisoner
53. 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
54. This is a procedure which permits a jail prisoner to
pursue his normal job during the week and return to the
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jail to serve his sentence during the weekend or non-
working hours.
A. amnesty
B. good conduct time allowance
C. probation
D. delayed sentence
55. The following are the justifications of punishment,
EXCEPT
A. Retribution
B. Deterrence
C. Happiness
D. expiation or atonement
56. Pardon is exercised when the person is _____.
A. already convicted
B. serving sentence
C. about to be convicted
D. served the sentence
57. This kind of punishment will be given to the offender
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
58. For a convicted offender, probation is a form of __.
A. Punishment
B. Treatment
C. Enjoyment
D. Incarceration
59. For amnesty to be granted there should be ____.
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A. Recommendation from U.N.
B. Recommendation from C.H.R
C. Application
D. Concurrence of the congress
60. The highest official of the bureau of corrections.
A. Director
B. Secretary of the DND
C. Chief of Executive
D. Prison Inspector
61. It plays a unique role in the moral and spiritual
regeneration of man
A. vocation
B. work
C. education
D. religion
62. Punishing a criminal to serve as example to others is a
theory of ______________.
A. Self-defense
B. Social defense
C. Exemplary
D. Equality
63. The purpose of the decree on probation shall be to
A. Provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence.
B. Prevent the commission of offenses
C. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment
D. All of these
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64. 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
65. Nobody can assume the suffering for a crime
committed by others.
A. Justice
B. Personal
C. Legal
D. Certain
66. These are the factors considered in diversification,
EXCEPT;
A. Age of offenders
B. Mother of offender
C. Sex of offenders
D. Medical condition
67. 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
68. Under Article VII, Section 10 paragraph (B) of the
Philippines Constitution, pardoning power is vested with
the
A. Department of Justice
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B. Judiciary
C. Chief Executive
D. Legislative
69. Parole is not matter of ___________.
A. privilege
B. right
C. grace
D. requirement
70. 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
71. Parole is granted by the
A. President
B. Board of Pardons and Parole
C. Director of Prison
D. Court
72. 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
73. 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.
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A. challenge
B. none of these
C. change
D. aggravate his behavior
74. 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
75. Under the prison service manual, the prescribed color
of prison uniform for minimum security prison is –
A. Orange
B. Yellow
C. Stripe Orange
D. Brown
76. The following are the duties of the custodial force in
prison, except:
A. Censor offender’s inmate
B. Escort inmates
C. Inspect security devices
D. Conduct disciplinary hearing
77. A prison model which sought penitence ( hence the
term penitentiaries) through total individual isolation and
silence “Congregate System’
A. Pennsylvania Prison Model
B. Auburn Prison Model
C. Work Release
D. Halfway Houses
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78. 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
79. An alternative 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
80. An alternative to incarceration and allows convicted
persons to remain at large under varying degrees of
restriction and supervision and certain conditions.
A. probation
B. work release
C. parole
D. halfway houses
81. 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 house
B. penal colony
C. jail
D. farm
82. Who among the following is the provincial prisoner?
A. A prisoner serving a term below six (6) years
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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
83. This theory in criminology states that are totally
responsible for their behaviors and the stress in more on
the effect of their felonious act than upon the criminal
himself.
A. Positivist Theory
B. Biological Theory
C. Biological Theory
D. Classical Theory
84. Which of the following is exercised by executive
clemency with the concurrence of congress?
A. Probation
B. Pardon
C. Amnesty
D. Parole
85. The Parole and Probation Administration administers a
________corrections program.
A. Institutional
B. Integrated
C. Community – based
D. Traditional
86. A minimum and maximum amount of time to be
served in prison is referred to us __
A. corporal punishment
B. A determinate sentence
C. An indeterminate sentence
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D. A capital punishment
87. Bryan Young was required to provide financial
remuneration for the losses incurred by the victim. What is
the type of sentence?
A. Payment
B. Retribution
C. Restitution
D. Fines
88. What crimes apparently have no complaining victims
such as gambling, prostitution and drunkenness?
A. Complex Crime
B. Organized crime
C. Blue Collar crimes
D. Victimless crimes
89. Which of the following should be a probationer NOT
DO?
A. Make periodic report
B. Go and play in the gambling den
C. Work regularly to support family
D. Stay away from bad associates.
90. 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
91. Capital punishment refers to:
A. Life imprisonment
B. Death Penalty
C. Reclusion Perpetua
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D. All of these
92. One of the following is not an administrative function
exercised by the executive branch of the government.
A. Probation
B. Pardon
C. Reprieve
D. Amnesty
93. Pardon granted by the Chief Executive?
A. extinguishes criminal liability of offender
B. does not extinguish civil liability of offender
C. must be given after the prosecution of the offense
D. All of the above
94. 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
95. The Jail Bureau shall be headed by a chief with a rank
of Director General, and assisted by Deputy Chief with the
Rank of Chief Superintendent. This statement is:
A. partially true
B. partially false
C. true
D. false
96. A unit of the prison or a sec. of the RDC where the
prisoner is given thorough physical examination including
blood test, x-rays, vaccinations & immunity is the:
A. Quarantine cell
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B. NBP
C. Death row
D. Control Area
97. The case where the Supreme Court laid down the
doctrine that the absolute pardon removes all that is left
of the consequences of conviction, and that it is absolute
in so far it restores the pardonee to full civil and political
rights.
A. Cristobal vs. Labrador
B. Fernandez vs. Aquino
C. People vs. Galit
D. None of these
98. Every violation of jail/prison discipline shall be dealt
with accordingly. In extreme cases, where the violation
necessitate Immediate action, the warden or the Officer of
the Day may administer the necessary restraints and
reports the action taken to
A. ¬an SOP
B. an emergency plan
C. a general rule
D. not applicable to prisoners
99. Which of the following is a maximum security prison in
Ossining, New York, USA? It is located approximately 30
miles (48 km) north of New York City on the banks of the
Hudson River which the Auburn Prison system was
applied.
A. Alcatraz prison
B. Sing - Sing Prison
C. Walnut Street Jail
D. Silver Mine Farm
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100. A ___, also called a 'block' or 'isolation cell', used to
separate unruly, dangerous, or vulnerable prisoners from
the general population, also sometimes used as
punishment.
A. Segregation Unit
B. Reception Unit
C. Quarantine Unit
D. Cell 45