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Questions and Answers
What is the primary emphasis of 'Destierro' as outlined in Article 247 of the Revised Penal Code (RPC)?
What is the primary emphasis of 'Destierro' as outlined in Article 247 of the Revised Penal Code (RPC)?
- To inflict punishment on an offender who has committed a crime of passion.
- To safeguard the offender from potential retaliation following a crime of passion. (correct)
- To serve as a form of exile from a specific geographic region as a punitive measure.
- To provide a means of forced labor for offenders found guilty of domestic disputes.
Which of the following represents a key distinction between 'absolute pardon' and 'conditional pardon'?
Which of the following represents a key distinction between 'absolute pardon' and 'conditional pardon'?
- An absolute pardon involves a reduction of the sentence, whereas a conditional pardon imposes a temporary stay of execution.
- An absolute pardon results in a complete erasure of criminal liability, whereas a conditional pardon entails exemptions with specific limitations or stipulations. (correct)
- An absolute pardon is applicable only to political offenders, while a conditional pardon applies to all other types of offenders.
- An absolute pardon requires congressional approval, while a conditional pardon is granted solely by the President.
Considering the juridical conditions of penalty, how does the principle of 'commensurate' penalties operate within the legal framework?
Considering the juridical conditions of penalty, how does the principle of 'commensurate' penalties operate within the legal framework?
- Penalties are handed down at random to serve as a broader deterrent to the public.
- Penalties are determined based on the offender's personal background and circumstances.
- Penalties are applied equally to all offenders, regardless of the nature of the crime.
- The severity of the penalty is directly proportional to the seriousness of the offense committed. (correct)
How does the classification of penalties under the Revised Penal Code distinguish between afflictive and correctional penalties based on duration?
How does the classification of penalties under the Revised Penal Code distinguish between afflictive and correctional penalties based on duration?
What is the primary role of the Parole and Probation Administration (PPA) within the framework of non-institutional corrections?
What is the primary role of the Parole and Probation Administration (PPA) within the framework of non-institutional corrections?
Which of the following best describes the purpose of imprisonment as a form of punishment within the correctional system?
Which of the following best describes the purpose of imprisonment as a form of punishment within the correctional system?
How does 'reintegration' function as a key objective within the broader scope of corrections?
How does 'reintegration' function as a key objective within the broader scope of corrections?
In the context of color codes used for prison security levels, what does the color orange signify?
In the context of color codes used for prison security levels, what does the color orange signify?
Under what conditions would the Katarungang Pambarangay serve as a necessary step before a case can be filed in court?
Under what conditions would the Katarungang Pambarangay serve as a necessary step before a case can be filed in court?
What is the significance of the term 'PROBARE' in relation to the concept of probation?
What is the significance of the term 'PROBARE' in relation to the concept of probation?
Which of the following best describes the role of the 'Lupong Tagapamayapa' in the Katarungang Pambarangay system?
Which of the following best describes the role of the 'Lupong Tagapamayapa' in the Katarungang Pambarangay system?
How do 'isolation' and 'deterrence' function as related, yet distinct, purposes of correction?
How do 'isolation' and 'deterrence' function as related, yet distinct, purposes of correction?
How does the legal condition of penalty described as 'correctional' aim to impact an offender?
How does the legal condition of penalty described as 'correctional' aim to impact an offender?
Which agency typically has jurisdiction over offenders sentenced to imprisonment for a term of 3 years and 1 day and above?
Which agency typically has jurisdiction over offenders sentenced to imprisonment for a term of 3 years and 1 day and above?
In the context of the Katarungang Pambarangay, what is the maximum duration, including extensions, allowed for the 'Pangkat ng Tagapagkasundo' to reach a settlement?
In the context of the Katarungang Pambarangay, what is the maximum duration, including extensions, allowed for the 'Pangkat ng Tagapagkasundo' to reach a settlement?
Which of the following best encapsulates the community's role in the context of the criminal justice system?
Which of the following best encapsulates the community's role in the context of the criminal justice system?
What is the primary function of the Board of Pardons and Parole (BPP)?
What is the primary function of the Board of Pardons and Parole (BPP)?
How does 'amnesty' differ fundamentally from a 'pardon' within the context of executive clemency?
How does 'amnesty' differ fundamentally from a 'pardon' within the context of executive clemency?
What is the primary significance of 'reprieve' as a form of executive clemency?
What is the primary significance of 'reprieve' as a form of executive clemency?
Which type of disputes fall within the jurisdiction of the Katarungang Pambarangay for amicable settlement?
Which type of disputes fall within the jurisdiction of the Katarungang Pambarangay for amicable settlement?
Flashcards
Correction Definition
Correction Definition
Branch of the Criminal Justice System concerned with offenders' custody, supervision, and rehabilitation, aiming "to right a wrong."
Punishment Definition
Punishment Definition
A remedy by the state against a felon involving suffering and misery, imposed as a penalty for breaking the law.
Destierro
Destierro
Banishment protecting the offender from retaliation rather than serving as punishment. Offender cannot enter a designated area.
Personal Penalty
Personal Penalty
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Reclusion Perpetua
Reclusion Perpetua
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PPA (Parole and Probation Administration)
PPA (Parole and Probation Administration)
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Parole Definition
Parole Definition
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Probation Definition
Probation Definition
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Absolute Pardon
Absolute Pardon
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Amnesty
Amnesty
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Reprieve
Reprieve
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Commutation
Commutation
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Katarungang Pambarangay
Katarungang Pambarangay
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Lupong Tagapamayapa
Lupong Tagapamayapa
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Pangkat ng Tagapagkasundo
Pangkat ng Tagapagkasundo
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Court Precondition
Court Precondition
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Study Notes
- Correction Pillar involves the custody, supervision, and rehabilitation of offenders, aiming to "right a wrong."
Color Codes for Prison Security Levels
- Minimum security is coded Brown.
- Medium security is coded Blue.
- Maximum security is coded Orange.
- Convicted individuals are coded Yellow.
- Those awaiting trial are coded Grey.
Purpose of Correction
- Punishment serves as a remedy against felons, inflicting suffering.
- Reform and Rehabilitation aims to correct behaviors.
- Isolation protects the public by confining offenders.
- Reintegration prepares offenders for return to society.
- Deterrence discourages future crimes
Punishment
- Penalty imposed for breaking the law.
Ancient Forms of Punishment
- Death Penalty included branding, crucifixion, hanging, and beheading.
- Social Degradation involved public humiliation.
- Imprisonment meant confinement for public protection and rehabilitation.
- Physical Torture: Encompassed maiming, whipping, and mutilation.
- Exile/Banishment prohibited entry to a designated area (25-250 km).
Destierro (Art. 247, RPC)
- Legal banishment for a legally married person who kills or injures their spouse and their lover upon catching them in the act.
- It protects the offender from retaliation.
Juridical Conditions of Penalty
- Personal: Affects the offender alone.
- Commensurate: Varies based on the crime (Art. 25, RPC).
- Legal: Administered according to law.
- Certain: Inescapable consequences.
- Equal: Applies universally.
- Correctional: Rehabilitates.
- Productive of suffering: Without harming human integrity.
Classification of Penalties and Durations
- Capital Punishment: Includes Life Imprisonment and Death (no duration).
- Afflictive Penalties:
- Reclusion Perpetua: 20 years and 1 day to 40 years.
- Reclusion Temporal: 12 years and 1 day to 20 years.
- Prision Mayor: 6 years and 1 day to 12 years.
- Correctional Penalties:
- Prision Correccional: 6 months and 1 day to 6 years.
- Arresto Mayor: 1 month and 1 day to 6 months.
- Light Penalties:
- Arresto Menor: 1 day to 30 days.
Institutional Corrections Agencies
- Bureau of Corrections: Handles sentences 3 years and 1 day and above.
- Bureau of Jail Management & Penology: Handles sentences 3 years and below.
- Provincial Jail (1910): Handles sentences from 6 months and 1 day to 3 years.
Non-Institutional Corrections
- Includes Probation, Parole, and Conditional Pardon.
- Parole and Probation Administration (PPA): Investigates probation petitioners and supervises probationers, parolees, and conditional pardonees.
- Board of Pardons and Parole (BPP): Grants Parole & recommends Executive Clemency.
- DSWD: Provides services for Children in Conflict with the Law (CICL).
Parole
- Conditional release after the minimum sentence is served.
Probation
- Release of an offender (penalty ≤6 years) under court-imposed conditions & supervision.
Executive Clemency
- Granted by the President to prevent injustice.
- Types:
- Pardon
- Absolute: Total extinction of criminal liability.
- Conditional: Exemption within limits or conditions.
- Amnesty: General pardon for political offenders (requires congressional approval).
- Reprieve: Temporary stay of execution (for death row inmates).
- Commutation: Sentence reduction.
- Pardon
Seven National Prisons/Colonies
- Old Bilibid Prison: Located in Manila (1847).
- San Ramon Prison & Penal Farm: Located in Zamboanga (1869).
- Iwahig Prison & Penal Farm: Located in Palawan (1904).
- New Bilibid Prison: Located in Muntinlupa (1940).
- Davao Prison & Penal Farm: Located in Davao (1932).
- Sablayan Prison & Penal Farm: Located in Mindoro (1954).
- Leyte Regional Prison: Located in Leyte (1973).
Correctional Institute for Women
- Mandaluyong (1929).
- New CIW in Davao (2007).
Community’s Role in Criminal Justice
- Identifying offenders.
- Reporting illegal activities.
- Volunteering as witnesses.
- Taking precautionary measures.
Katarungang Pambarangay (Village Justice System)
- Community-based dispute resolution system.
- Key Laws:
- PD 1293: Created the Barangay Justice Commission (1978).
- PD 1508: Established amicable settlement (1978).
- RA 7160: Local Government Code (1991).
Composition
- Punong Barangay: Presiding officer.
- Lupong Tagapamayapa: 10-20 resident mediators.
- Barangay Secretary: Records proceedings.
- Barangay Treasurer: Manages finances.
- Pangkat ng Tagapagkasundo: 3-member mediation panel.
Term
- 3 years (same as Barangay Captain), renewable.
Cases Handled
- Personal injury (physical/verbal assault).
- Property damage.
- Boundary disputes.
- Tenant-landlord conflicts.
- Non-payment of debts.
- Marital/family issues.
- Neighborhood disputes.
Amicable Settlement Process
- Filing of Complaint: Oral or written.
- Mediation by Punong Barangay: If unresolved in 15 days, a Pangkat is formed.
- Hearing by Pangkat: Within 3 days of formation.
- Settlement Deadline: 15 days, extendable for another 15 days.
- Finalization: Written settlement.
- Court Precondition: Cases must first go through Katarungang Pambarangay before filing in court.
- Legal Effect: Becomes final after 10 days.
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