This document contains a review test on corrections and rehabilitation. It includes 69 multiple choice questions covering topics like the definition and purpose of corrections, the classification and custody levels of prisoners, the roles and functions of jail personnel, admission and classification procedures in prisons, and rehabilitation programs.
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
The document is the Republic Act No. 6975 which establishes the Philippine National Police (PNP) under a reorganized Department of the Interior and Local Government. Some key points:
- It aims to promote peace and order through a highly efficient and civilian police force that is national in scope.
- The Department of the Interior and Local Government is reorganized to oversee the PNP, Bureau of Fire Protection, and Bureau of Jail Management and Penology.
- A National Police Commission is created to exercise administrative control over the PNP and advise the President on police matters. It will develop policies and standards to improve police services.
This document discusses community-based corrections and probation in the Philippines criminal justice system. It provides background on correctional approaches, defines probation, and outlines the history and procedures for probation in the Philippines according to Presidential Decree 968 of 1976. The key points are that probation provides an alternative to imprisonment for offenders sentenced to 6 years or less, requires application to the convicting court, and involves investigation and approval by that court.
The document provides an overview of the Philippine Criminal Justice System. It discusses key concepts like criminology, criminal justice, crime and the criminal justice system. It notes that crime is the event that triggers the operation of the criminal justice system. The legislative branch defines criminal acts and punishes them under the Philippine Constitution. A crime violates societal rules as defined by criminal law created by those in power, subjecting violators to state sanctions.
Philippine National Police Criminal Investigation ManualHarve Abella
This document is the revised 2011 Philippine National Police Criminal Investigation Manual. It provides guidelines and procedures for criminal investigations conducted by PNP officers. The manual covers general investigation procedures and details the investigation process for specific crimes defined in the Revised Penal Code of the Philippines such as crimes against public order, public interest, persons, and liberty.
The document contains questions about correctional administration in the Philippines. It covers topics like the president's pardoning power, the Bureau of Jail Management and Penology (BJMP), forms of executive clemency, corrections, probation, imprisonment, and rehabilitation of offenders. The questions test knowledge about the roles and responsibilities of different agencies in the criminal justice system like the BJMP, Bureau of Corrections, and Parole and Probation Administration.
This document is the 2012 UP Law Bar Reviewer for Criminal Law. It contains information about the reviewer including the editorial team, subject heads, and layout team. It also provides the table of contents which lists the chapters that will be covered, including fundamental principles of criminal law, felonies, circumstances affecting criminal liability, persons criminally liable and degrees of participation, penalties, and other topics relevant to Criminal Law. The document establishes that the copyright for the material belongs to UP College of Law.
This document outlines procedures for investigating and adjudicating administrative complaints against members of the Philippine National Police (PNP) before the People's Law Enforcement Boards (PLEBs). It establishes the organization and jurisdiction of PLEBs, as well as rules for filing complaints, notifying respondents, conducting hearings, and determining penalties. PLEBs are tasked with investigating citizen complaints against PNP officers for administrative offenses and imposing penalties like restrictions, suspensions, or dismissal.
This document provides an overview of police ethics training for the Philippine National Police (PNP). It defines key terms like ethics, morals and values. It explains challenges to ethical conduct can come from individual character flaws or organizational issues. It reviews the 8 articles of the UN Code of Conduct for Law Enforcement Officials and how they relate to PNP standards. The document also outlines the basic standards of conduct for PNP personnel and the role of supervisors in promoting ethics and combating corruption through leadership, training and addressing unethical behavior.
This document discusses the distinct phases of probation and parole administration. It outlines the selection and supervision phases of probation, including investigation processes and conditions of probation. It also discusses eligibility requirements, factors considered, and types of pardons and clemency that can be granted through the parole process. Statistics on probation and parole caseloads, outcomes, and estimated cost savings are provided for multiple years.
This document contains 20 multiple choice questions about criminal law and evidence. The questions cover topics like examination of child witnesses, dying declarations, rules on electronic evidence, elements of theft, defenses in drug cases, presentation of informants, doctrines of admissibility, presumption of foreign law, types of evidence, admissibility of illegally obtained evidence, fact-finding in trials, judicial notice, false in one thing false in everything doctrine, credibility of delayed reporting, weight of negative testimony, factum probandum and probans, examination of witnesses in court, and misleading questions. Answer options for each multiple choice question are also provided.
This document discusses the concept of justifying circumstances under Philippine law. It defines justifying circumstances as acts that are deemed not to have transgressed the law due to being in accordance with the law. Six specific justifying circumstances are outlined: self-defense, defense of relatives, defense of strangers, state of necessity, fulfillment of lawful duty, and obedience to superior orders. The document then goes into detail about the elements and requirements of self-defense, defense of relatives, and defense of property. It discusses what constitutes unlawful aggression, reasonable necessity of the means used, and lack of sufficient provocation in order to claim self-defense.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
This document summarizes a police report form and procedures for recording incidents in police blotters and reports. It discusses the legal basis and importance of police blotters, as well as the proper procedures, contents, and samples for completing entries in the blotter. Key details like names of involved individuals, date, time, location, and narrative of incidents should be recorded accurately and signed by responding officers.
This document summarizes the different types of aggravating circumstances under Philippine law based on Article 14 of the Revised Penal Code. It discusses 4 kinds of aggravating circumstances - generic, qualifying, special/specific, and inherent. It provides examples and details on how each aggravating circumstance increases penalty. Distinctions between aggravating and mitigating circumstances are also explained. Specific aggravating circumstances covered include abuse of position, public authority, age/sex, nighttime, band, habitual delinquency, premeditation, and cruelty.
This document defines terms related to ethics, values, and conduct for public officials and employees in the Philippines according to Republic Act No. 6713. It includes 22 terms to define, such as crime, dishonesty, disloyalty to the government, and gift. It also discusses the core values of the Philippine National Police (PNP), including love of God, respect for authority, and service to people. The document outlines ethical standards, customs, ceremonies and traditions of the PNP regarding professional conduct, discipline, secrecy, and courtesy.
This document discusses various ways in which criminal liability can be extinguished under Philippine law, including:
1. By the death of the convict before final judgment for personal and pecuniary penalties. Criminal liability is also extinguished by service of the sentence, amnesty, and absolute pardon.
2. Prescription, or the loss of the right to prosecute, also extinguishes criminal liability after a certain time period ranging from 1-20 years depending on the crime. Prescription of penalties is also discussed.
3. Civil liability survives criminal proceedings and various forms of extinguishing criminal liability, such as the death of the offender or offended party. The document provides details on the effects of different forms of ext
This document discusses and compares various crimes against public order and safety in Philippine law. It defines and distinguishes between rebellion, subversion, sedition, direct assault, illegal possession of firearms, and alarm and scandal. Rebellion involves public uprising with force against the government to overthrow it. Subversion entails membership in a subversive organization against national security. Sedition involves public protest through illegal means to prevent government functions. Direct assault employs force to attain rebellion/sedition objectives or attacks authorities. Illegal firearms possession is absorbed by rebellion and enhances sedition. Alarm and scandal involves disturbing acts like firearm discharges in public places.
This document contains a table of contents that outlines 7 sections on statutory construction: 1) Statutes, 2) Construction and Interpretation, 3) Aids to Construction, 4) Adherence to or Departure from Language, 5) Interpretation of Words and Phrases, 6) Statute Construed as a Whole, and 7) Strict or Liberal Construction. Each section lists several court cases as examples. The document appears to provide an overview of principles of statutory construction in the Philippines and cites relevant case law examples for each principle.
This paper examines the Philippine National Police's (PNP) Information Communication Technology (ICT) Management program, specifically the e-Blotter Program. The PNP has clear visions, missions, and mandates that guide their ICT priority projects and 10-point agenda. Their plans include strategic plans, training programs, and systems for integration. An initial accomplishment is the nationwide rollout of e-Blotter user training. E-Blotter and its electronic warrant and rogue gallery components aim to improve data collection and access for investigations. The study concludes that ICT is becoming integral to PNP operations and recommends continued investment, specialist recruitment, training, and full implementation of e-Blotter to enhance crime
This document discusses the importance and benefits of propagating trees and fruit-bearing trees using scientific processes. Some key benefits include ensuring plants grow fast, strong and healthy; reducing mortality rates by controlling pests and diseases; increasing the number of plants that can be grown and harvested; demanding a good price for selling high-quality plants; and gaining more profit from larger harvests of quality plants. The document emphasizes that using scientific processes in plant propagation leads to increased productivity and profit.
Based on the poem, the main benefits of trees mentioned are:
- Trees give fruits to feed the hungry
- Trees provide wood and help stop floods
- Trees provide humans with various needs
- Trees help the environment by stopping pollution
To save our environment from pollution, which is a big problem, we need to plant more trees and protect existing trees. We should also reduce activities that cause pollution like improper waste disposal and use of fossil fuels. Working together to preserve green spaces and plant trees can help reduce pollution.
This document discusses the proper elements to observe when planting trees and fruit-bearing trees using technology. It identifies key factors like climate, temperature, sunlight, soil, and moisture that affect plant growth. The document also outlines the general steps for proper transferring of planting trees, which includes choosing a suitable location, digging holes, carefully placing seedlings, covering roots with soil, and watering. Conducting surveys using technology can help identify these important elements to ensure higher survival rates for planted trees and fruits.
The document provides information about different types of orchard farms, including:
1. Fruit orchards focus on growing fruit trees known for specific regions.
2. Seed orchards grow plants from seeds like vegetables.
3. Nut orchards produce nuts like peanuts and coconuts.
4. Christmas tree farms grow pine trees for use during the holidays.
This waiver form is for a student participating in an on-the-job training program at Philippine Countryville College during the COVID-19 pandemic. The parent acknowledges that the training is voluntary and assumes all risks for their son/daughter. They also agree to ensure their child follows all school rules and safety instructions. By signing, the parent waives their right to hold the school liable for any expenses, losses, injuries or accidents incurred by their child during the training unless caused by negligence or willful misconduct of school employees.
The student Elizabeth N. Bonggo was unable to submit her requirements for the subject ITPE 1 - Object Oriented Programming on time due to a localized lockdown in her area of Balangay, Poblacion, Quezon, Bukidnon. The Office of the Municipal Mayor of Quezon, Bukidnon issued Executive Order No. 35 declaring the area under localized lockdown, with strict restrictions on movement in and out of the area. This affidavit serves to attest to these facts and request that her instructor, Jonathan C. Villas, accept the late submission of her requirements.
Jonathan C. Villas, a college instructor, submitted an affidavit stating that (1) he taught Object Oriented Programming to Elizabeth N. Bonggo during the 2020-2021 school year, (2) Bonggo was unable to submit her requirements on time due to a localized lockdown in her municipality, and (3) Bonggo submitted her completed requirements on April 5, 2021 and has now fulfilled all requirements for the class. The affidavit requests that the Commission on Higher Education accept Bonggo's incomplete grade completion.
Jonathan C. Villas, a college instructor, submitted an affidavit to the Commission on Higher Education Region 10 regarding a student, Elizabeth N. Bonggo, who was unable to submit her course requirements on time due to localized lockdown in her municipality. Villas accepted Bonggo's late submissions in April 2021 and confirmed she has now completed all requirements for the Information Management course from the first semester of the 2020-2021 school year. The affidavit requests the Commission to accept Bonggo's incomplete grade completion.
1. Mat Perater Macote, dean of the School of Computer Studies at Philippine Countryville College, affirms that Elizabeth N. Bonggo completed her course requirements for Associate in Computer Technology on April 5, 2021 under instructor Jonathan C. Villas.
2. Mr. Villas accepted Ms. Bonggo's requirements due to valid reasons and signed her completed INC form.
3. Dean Macote attests to these facts and requests the Commission on Higher Education Region 10 to accept Ms. Bonggo's INC grade completion.
This affidavit from the Dean of the School of Computer Studies at Philippine Countryville College attests to Elizabeth N. Bonggo completing her requirements for her Associate in Computer Technology course. The Dean states that Bonggo submitted her requirements on April 5, 2021, her instructor Jonathan C. Villas accepted them for valid reasons, and that she has now complied with all the requirements for her Information Management subject. The purpose of the affidavit is to request the Commission on Higher Education Region 10 to accept Bonggo's INC grade completion.
The document is an affidavit from Elizabeth N. Bonggo requesting her instructor to accept late submission of course requirements. It states that during the first semester of the 2020-2021 school year, Elizabeth was unable to submit her requirements for an IT course on time due to a localized lockdown issued by the municipal mayor of Quezon, Bukidnon. The lockdown restricted movement in her area of Balangay, Poblacion, Quezon. Elizabeth is asking her instructor to accept the late submission of her requirements due to these circumstances beyond her control.
Introduction
FIU IND, short for Financial Intelligence Unit - India, is an agency responsible for receiving, analyzing, and disseminating information relating to suspicious financial transactions. It plays a crucial role in combating money laundering and terrorist financing. FIU registration is mandatory for certain financial entities to ensure they comply with the legal requirements and contribute to the integrity of the financial system.
Dallas Criminal Attorney: Dedicated Team of Criminal Defense Lawyers Led by Reggie London, Known for Unwavering Reliability and Steadfast Support. https://reggielondonlawyer.com/
Literal or Grammatical Rule of Interpretation.pdflegalpuja22
Introduction
The literal or grammatical rule of interpretation is the foremost principle in deciphering statutory language within the realm of legal interpretation.
It emphasizes the importance of interpreting words in their natural or ordinary meaning, without delving into legislative intent or potential consequences.
By prioritizing the text itself, this rule aims to uphold the integrity of legislative language and ensure consistency in legal application.
The literal rule serves as a foundational pillar in statutory construction, providing a solid framework for judicial decision-making.
While offering clarity and predictability, it requires a nuanced approach to balance textual fidelity with broader legislative intent, thus ensuring just outcomes in legal proceedings.
First rule of interpretation.
Interprets words in their natural or ordinary meaning.
Emphasizes natural or ordinary meaning of words.
Legislature's intention deduced from language used.
Court's duty to give effect if language clear, regardless of consequences.
Basic Principle
Words interpreted according to grammar rules.
Legislature's intention expressed through words.
Safest rule of interpretation.
Duty of the Court
Court's duty is to give effect if language is plain.
No consideration of consequences.
Legislature's responsibility for any harsh consequences.
Case Law:
Maqbool Hussain v. State of Bombay (AIR 1953 SC 325)
Appellant found with undeclared gold.
Charged under Sea Customs Act and Foreign Exchange Regulations Act.
Challenged trial under Article 20(2) of Indian Constitution (double jeopardy).
Court held trial valid as appellant not previously prosecuted.
Manmohan Das versus Bishan Das (AIR 1967 SC 643)
Interpretation of U.P Control of Rent and Eviction Act, 1947.
Tenant liable for alterations diminishing property value.
Appellant argued 'or' should be read as 'land'.
Court applied literal interpretation, ruled against appellant.
State of Kerala v. Mathai Verghese and others (1987 AIR 33 SCR(1) 317)
Accused charged with possession of counterfeit currency.
Contention: Sections 498A and 498B of IPC apply only to Indian currency.
Court held 'currency notes' not prefixed, upheld charge.
Advantages of Literal Rule
Provides certainty and predictability.
Reflects legislative intent accurately.
Upholds rule of law.
Criticisms of Literal Rule
Ignores legislative purpose or intent behind words.
May lead to absurd or unjust outcomes.
Limits judicial discretion.
Application of Literal Rule
Commonly used in statutory interpretation.
Guides judges in understanding legislative intent.
Ensures consistency in legal decisions.
Practical Examples of Literal Rule Application
Tax laws: Interpreting tax code provisions
Penal laws: Interpreting penal code provisions.
shwetha case hmt.docx human resouce managementShwethaGy2
CASE STUDY 3: SURPRESSING OF MATERIAL FACTS DURING SELECTION PROCESS IN MANUFACTURING COMPANY: EMPLOYEE DISSMISAL OR CONTINUATION OF EMPLOYMENT.
AUTHOR: SHWETHA G Y
INTRODUCTION
Surpression of Material Facts is the situation in which important and relevant facts and conclusions that are in the public interest to be disclosed are concealed or withheld from the public domain. Suppression means not providing information which the person is legally required to state, but is intentionally or deliberately not stated. Any wilful misstatement or suppression of facts by the employees during the time of selection process is considered as misconduct as per the companies standing orders act 1946.The present case study tries to analyse the employees surpressing of facts during the time of selection process. The manufacturing company's efforts and necessary steps have been reflected in the case report as this is the case of suppression of facts/information as per the standing orders act 1946 of the company.
Misconduct
CASE SCENERIO
Hindustan Machine Tools was incorporated in 1953 by the Government of India as a machine tool manufacturing company. Over the years, HMT diversified into watches, tractors, printing machinery, metal forming presses, die casting and plastic processing machinery, and CNC systems and bearings. HMT is headquartered in Bengaluru (Bangalore).
HMT Watch Factory – IV, Tumkur Divison, one of leading manufacturing industry in tumkur set up as additional manufacturing facilities to produce watch components sets at Tumkur in 1978 and at Ranibagh in 1985.The factory at Tumkur was partially converted to manufacture quartz analog watches in collaboration with Citizen. Where a case was happened in the year 1980 when they called the post of operators at the tumkur division. The qualification required is any PUC or Graduate fail candidate. In HMT Watch Factory – IV, Tumkur Divison 1800 persons were employed in different cadre in the year 1980. In which about 250 employees surpressed the fact that they were all undergraduates eventhough they are the graduates to take up the job in the public undertaking company. Later after a couple of months it was found by the management that they were all graduates.
CHALLENGE: Dismissal/continuation of Employment
OUTCOME: The management conducted that this as misconduct as per the standing orders of the company and violation of company policies and Breach of Trust. As per the standing orders act 1946, a notice issued to the concerned employee to show cause within three days from the date of issue of this letter. With reference to this the concerned employees inadvertently declared at the time of appointment that he was undergraduate fail / PUC but not with intention.
The management with reference to the show cause notice given by employees dismissed employees from the job as per the standing orders act 1946.All the 250 employees went to the court of law. The judgement given by the court is to take back th
A petition for justice. The witness provided false delusional testimony. The court made several errors which include denying witness to testify. The abuser has relationship with the court. The victim is disabled and can't defend herself due to communication disability.
An example of a petition written pro-se by the victim to defend against delusional false accusation by an abuser.
Writ of Certiorari written by an autistic defendant who is a victim of harassment and was falsely accused by her very own abuser.
Individuals with autism has difficulties in communicating, and this gives plenty of advantages for abusers because autistic individuals are naive and not able to defend themselves due to communication issues. The abuser in this case happens to be a school principal who bullies and harasses disabled students and parents on regular basis, but she is able to walk away free because of her craftiness and her exceptional abilities to lie. She is a pathological liar and she is able to deceive law enforcement and the court. This document describes the truth and the ordeal that one of her victims had to go through without being able to get help because the abuser was able to manipulate a large number of people. This document also shows how the current justice system fails to accommodate disabilities especially autism spectrum disorders. Despite a campaign by Pennsylvania Supreme Court to enable autistic individuals to access justice, the courts in Pennsylvania, including the Supreme Court itself is still far far away from understanding Autism. Autistic people have to suffer in silence, and many of them are victims of abuse but they are not able to defend themselves. This explains why suicide rates amongst autistic populations are extremely high.
HARMONIOUS CONSTRUCTION RULE by Puja Dwivedilegalpuja22
INTRODUCTION TO HARMONIOUS CONSTRUCTION RULE:-
Harmonious construction is a principle of statutory interpretation aimed at reconciling conflicting provisions within a legal framework.
It involves interpreting statutes in a manner that avoids inconsistencies and gives effect to the overall legislative intent.
This rule is pivotal in resolving legal disputes where different laws or constitutional provisions appear to conflict.
PRINCIPLES OF HARMONIOUS CONSTRUCTION RULE:-
Interpret statutes to avoid conflicts and give effect to legislative intent.
Maintain consistency within legal frameworks.
Balance conflicting provisions while upholding constitutional values.
ROLE OF JUDICIARY IN HARMONIOUS CONSTRUCTION:-
Judiciary acts as a mediator in resolving legal conflicts.
Courts ensure harmonious interpretation of laws to uphold justice.
Judicial decisions establish precedents for future legal disputes.
CASE LAWS :-
Venkataramana Devaru v. State of Mysore (1957)
Citation:
Venkataramana Devaru v. State of Mysore, 1957 (AIR 1958 Mys 38)
Fact:
Trustees of Sri Venkataramana Temple filed a suit under Section 92 of CPC regarding the exclusion of Harijans from the temple after the enactment of the Madras Temple Entry Authorization Act (Madras V of 1947).
The temple trustees claimed that the temple was private and exclusively meant for Gowda Saraswath Brahmins, hence exempt from the Madras Act.
Issue:
Whether the Madras Temple Entry Authorization Act applied to Sri Venkataramana Temple despite the trustees' claim of its private nature.
Whether Section 3 of the Madras Act violated Article 26(b) of the Indian Constitution, which protects the rights of religious denominations.
Judgment:
The High Court of Madras ruled that while the public could worship in the temple, the trustees had the right to exclude the general public during certain ceremonies reserved for Gowda Saraswath Brahmins.
The Supreme Court clarified that the Madras Act applied to Sri Venkataramana Temple and harmonized Articles 25(2)(b) and 26(b) of the Constitution to uphold the Act's validity, ensuring access to the temple for all classes of Hindus.
K.M. Nanavati v. State of Maharashtra (1961)
Citation:
K.M. Nanavati v. The State of Maharashtra, 1961 (AIR 1962 SC 605)
Fact:
Naval Commander K.M. Nanavati was accused of murdering his wife's secret lover, Prem Ahuja.
Nanavati was tried under IPC Sections 302 and 304, and a special jury acquitted him.
Issue:
Whether the decision of the special jury acquitting Nanavati was logical given the evidence of the case.
Whether the suspension order by the Governor under Article 161 of the Constitution could be applied while the case was sub-judice.
Judgment:
The High Court of Bombay overturned the jury's decision, holding Nanavati guilty of murder based on the circumstances of the case.
The Supreme Court ruled that Article 161's suspension power couldn't be exercised while the case was pending before the judiciary, emphasizing the importance of harm
Fundamentals of Legal, Tax, and Accounting Aspects of Merger and Acquisition Transaction
Being A Paper Presented at the Institute of Chartered Accountants of Nigeria (ICAN) Webinar Session on 29th September, 2022
Legal Reforms of Jayasthiti Malla in Nepalese History.pptxAsmeeta4
Jayasthiti Malla was one of the prominent Malla King in the history of Nepal. He has made a great contribution in the legal history of Nepal through formulation of Manabnyashastra, a comprehensive legal document.
Golden Rule of Interpretation by Puja Dwivedilegalpuja22
introduction to the Golden Rule of Interpretation
Definition and Origin:
The Golden Rule of Interpretation is a guiding principle utilized in legal systems worldwide to decipher and implement laws justly and reasonably.
Its roots trace back to ancient legal philosophies, notably derived from the Latin maxim "interpretatio cessat in claris," meaning interpretation ceases when the meaning is clear.
Purpose and Function:
The primary objective of the Golden Rule is to empower judges and legal interpreters to depart from the literal interpretation of statutes when adherence to such interpretations would lead to absurd, unjust, or unreasonable outcomes.
Unlike the strict adherence to the literal meaning prescribed by the Literal Rule, the Golden Rule allows for flexibility in interpretation, ensuring the law's application aligns with the broader principles of justice and fairness.
Evolution and Adaptation:
Over time, the Golden Rule has evolved to meet the changing needs and societal values of legal systems. It adapts to modern contexts, technological advancements, and evolving understandings of justice.
Its application varies across different legal jurisdictions but remains a fundamental tool in statutory interpretation worldwide.
Literal Rule vs. Golden Rule
Literal Rule:
The Literal Rule is a traditional approach to statutory interpretation that mandates strict adherence to the plain and literal meaning of the words used in a statute.
Under this rule, judges are expected to interpret legislation based solely on the language's explicit wording, without considering underlying intentions, societal implications, or potential absurdities that may arise from a literal interpretation.
Golden Rule:
In contrast, the Golden Rule of Interpretation provides judges with the discretion to depart from the literal meaning of statutes when necessary to avoid absurd or unjust outcomes.
It serves as a balancing mechanism, allowing courts to interpret laws in a manner that aligns with broader principles of justice, fairness, and legislative intent.
While the Literal Rule focuses solely on textual analysis, the Golden Rule recognizes the need for flexibility and adaptability in legal interpretation, particularly in complex or ambiguous situations.
Illustrative Example:
Case Law Example: State of Madhya Pradesh v. Azad Bharat Financial Company (1967)
This case exemplifies the application of the Golden Rule, where the literal interpretation of the Opium Act of 1878 would have led to the unjust confiscation of a vehicle due to the presence of contraband.
By applying the Golden Rule, the court interpreted the statute in a manner that prevented injustice, highlighting the rule's essential role in safeguarding fairness and equity in legal proceedings.
Arbitration, conciliation and alternative dispute resolution file
A corrections (recovered 1)
1. POLARIS REVIEW CENTER
QUESTIONS ON
CORRECTIONS AND REHABILITATION
1. That branch of administration of justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted offender
a.) Criminal justice c.) Penal management
b.) Correctional process d.) Correction
2. It is a reorientation or reinstruction of the individual with a view to preventing a
repetition of the deviation without the necessity of taking punitive action
a.) Correction c.) Penal management
b.) Incarceration d.) Punishment
3. Institution for the confinement of persons who are awaiting final disposition of
their criminal cases and also for the service of those convicted and punished
with shorter sentence usually up to 3 years
a.) Jails c.) Lock-up jail
b.) Prison d.) Penal farm
4. Jail is said to have originated in the medieval
a.) England c.) United States
B.) Australia d.) Philippines
5. Henry II, King of Great Britain England ordered that the sheriff in each country
shall establish a jail. That is why country correctional institutions spread
through England in
a.) 1166 c.) 1234
b.) 1011 d.) 1995
6. The concept of English jail is that jail was used to
a.) Detain those awaiting trial c.) Those awaiting punishment
b.) Custodial detention d.) A and C are correct
7. Types of jails are the following, except
a.) Lock-up c.) Workhouse or camp house
b.) Ordinary jail d.) Stockade
8. It is a security facility for the temporary detention of persons held for
investigation or awaiting preliminary hearing
a.) Lock-up c.) Lock-out
b.) Lock-in d.) Lock-jaw
9. It is minimum custody jail wherein offender serving short sentences with
constructive work programs
a.) Workhouse c.) Jail farm
b.) Camp house d.) All of the above
10. Houses both offender awaiting court action and those serving short
sentences usually up to 3 years
a.) Ordinary jail c.) Special jail
b.) Lock-up d.) Stockade
11. Prisons and penal farms are under the
a.) DOJ c.) DILG
b.) DECS d.) DPWH
2. 12. Provincial jails are under the
a.) BJMP c.) Provincial Government
b.) Napolcom d.) Dept. of Justice (DOJ)
13. City and municipal jails are under the
a.) DILG c.) Office of the Mayor
b.) DOJ d.) BJMP
14. Provincial, City and Municipal jails are headed by a
a.) Warden c.) Superintendent
B.) Kabo d.) Mayor
15. Prison and penal farms are under the Department of Justice but there is
bureau which is in-charge of administering them
a.) Board of Pardons and Parole c.) Parole and Probation Admin.
b.) Bureau of Correction d.) National Bureau of Invest.
16. The head of prison and penal farms called
a.) Inspector c.) Director
b.) Superintendent d.) Warden
17. It is a warrant issued by a court bearing its seal and the signature of the
judge directing the jail warden or prison authorities to receive the convicted
offender for the service of sentence imposed upon him
a.) Mittimus c.) Commitment Order
b.) Confinement Order d.) All of the above
18. He or she is a person commanded to jail or prison by a competent court or
authority for the following reason except
a.) To serve his/her sentence upon conviction
b.) While pending trial of his/her case
c.) While under custodial investigation
d.) While under bail
19. Who have authorities to commit person in jail
a.) Judge of the Court c.) Board of Indeterminate Sentence
b.) Deportation Board (BOI) d.) All of the above
20. Classification of jail inmates are the following except
a.) Sentenced prisoners c.) Detention prisoner
b.) Person held for investigation d.) City prisoner
21. Temporary custody of a person or the detention of a person for his own
protection or care to secure from liability to harm, injury or damage
a.) Safekeeping c.) Custodial interrogation
b.) Preventive imprisonment d.) All of the above
22. Persons who are convicted by final judgment of the crime charged against him
a.) Detention prisoner c.) Sentence prisoner
b.) Preventive imprisonment d.) All of the above
23. Persons who are detained for the violation of law or ordinance and has not
yet been convicted
a.) Sentenced prisoner c.) Detention prisoner
b.) Lock-up prisoner d.) All of the above
24. Classification of sentenced prisoners are the following, except
a.) Insular prisoner c.) City prisoner
b.) Municipal prisoner d.) Provincial prisoner
2
3. 25. A person who is sentenced to serve imprisonment for not more than 6
months is classified as
a.) Municipal prisoner c.) City Prisoner
b.) Insular prisoner d.) All of the above
26. A person who is sentenced to imprisonment for not more than 3 years or to
pay a fine for not more than P1,000 is classified as
a.) Insular prisoner c.) City prisoner
b.) Provincial prisoner d.) All of the above
27. A person who is sentenced to serve a prison term of over 3 years or to pay a
fine of more than P1,000 or both fine and imprisonment is classified as
a.) Insular prisoner c.) City prisoner
b.) Municipal prisoner d.) Provincial prisoner
28. The city, municipal and provincial warden or administrators respectively
under the BJMP is appointed by
a.) Assistant Regional Director of BJMP
b.) Napolcom Regional Director
c.) DILG Regional Officer
d.) None of the above
29. The provincial warden of provincial jail is appointed by
a.) DILG Regional Director c.) Napolcom Regional Director
b.) Provincial Governor d.) Department of Justice Secretary
30. The key personnel of the provincial jail are the following except
a.) Warden e. Mass sergeant
b.) Assistant Warden f.) Corporal of the guard
c.) Supervising prison guard g.) Guards
d.) Administrative assistance h.) No exceptions
31. Guards are divided into functions such as:
a.) Guards at the control gates d.) Custodian
b.) Guards on court duty e.) Matron
c.) Keeper f.) all of the above
32. Reports to the corporal of the guards any misbehavior of inmates, and
prevents any trustee from looting cash and other valuables brought to the
inmates are the duties of
a.) Guards at control gates c.) Custodian
b.) Keeper d.) Matron
33. Signs the receipt before leaving the control gates, and observe all security
measures in escorting inmates are the functions of
a.) Guards on court duty c.) Guards on control gates
b.) Keeper d.) Matron
34. Maintain the discipline of the inmates, keep all cells locked and deliver the
keys to the corporal of the guard after locking the same, and maintain the
cleanliness of the jail compound are the functions of
a.) Keeper c.) Custodian
b.) Matron d.) Inmate
35. Escorts the sick inmates, keep all cells locked and deliver the keys to the
corporal of the guard after locking the same, and maintain the cleanliness of
the jail compound are the functions of
a.) Matron c.) Keeper
b.) Custodian d.) Warden
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4. 36. Keeps the records of the visitors’ logbook, searches the persons of the
female visitors/inmates sand assists in the orderliness of the office and in
the preparation of the office records are the functions of
a.) Matron c.) Keeper
b.) Inmate d.) Warden
37. It has the general supervision and control of all prisons and penal colonies in
the country. It is charged of/with the safekeeping of all inmates committed to
the custody. It is headed by a Director and an Assistant Director
a.) Bureau of Prison c.) Bureau of Correction
b.) Key to correction d.) National Bilibid Prison
38. An administrative device of correctional institutions of providing varied and
flexible types of physical plants for the more effective control of the
treatment programs of its diversified population. It is done either by building
special institutions for different classes of prisoners which is more desirable
since it provides proper segregation of groups and more effective execution
of the treatment program or providing facilities within the institution itself
a.) Diversification c.) Classification
b.) Treatment process d.) All of the above
39. Factors considered in diversification are the following except
a.) Age c.) Medical or mental condition
b.) Sex d.) Degree of custody
40. As to the degrees of custody of prisoners, they are classified into, except
a.) Super security prisoner c.) Maximum security prisoner
b.) Medium security prisoner d.) Minimum security prisoner
e.) Non-security prisoner
41. These are the special group of prisoners composed of incorrigibles,
intractables, and are dangerous persons
a.) Minimum security prisoner c.) Super security prisoner
b.) Medium security prisoner d.) Maximum security prisoner
42. These group consists of chronic troublemakers but not as dangerous as the
super security prisoners
a.) Maximum security prisoner c.) Medium security prisoner
b.) Minimum security prisoner d.) Non-security prisoner
43. These are the prisoners who may be allowed to work outside the fence of
the institution under the guard escorts
a.) Medium security prisoners c.) Minimum security prisoner
b.) Non-security prisoners d.) Non-security prisoner
44. These are the prisoners who can already be trusted to their places or work
assignment without the presence of guards
a.) Minimum security prisoners c.) Maximum security prisoners
b.) Super security prisoners d.) Released prisoners
45. Prisoners in the penal colonies like Iwahig Penal Colony in Palawan are
classified as
a.) Super security prisoners c.) Maximum security prisoners
b.) Minimum security prisoners d.) Prisoners awaiting released
46. Convicted Mayor Sanchez, on the murder of Aileen Sarmenta is classified
a.) Super security prisoner c.) Maximum security prisoner
b.) Privileged prisoner d.) Minimum security prisoner
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5. 47. It is the method by which diagnosis treatment planning and execution of
treatment program are coordinated in all the individual cases. It is a
process of determining the needs and requirements of those for whom
correction has been ordered and for assigning them to programs according
to their needs and existing resources
a.) Classification c.) Diversification
b.) Treatment process d.) Correction fluid
48. Four separate but coordinated procedures of classification are the following,
except
a.) Programming d.) Execution of treatment program
b.) Diagnosis e.) Re-classification
c.) Treatment planning f.) All of the above
49. The prisoner’s case history is taken and his personality studied. Through
examination and observation, the (RDC) determines the nature and extent
to which he may be rehabilitated. It is called -
a.) Diagnosis c.) Investigation
b.) Analysis d.) Evaluation
50. This is also performed by the center’s staff which consists the formulation of
a treatment program best suited to the need of an individual prisoner
a.) Treatment planning c.) Diagnosis
b.) Execution of treatment program d.) Re-classification
51. This consists in the application of the treatment program and policies by the
classification committee
a.) Execution of treatment program c.) Re-classification
b.) Treatment planning d.) Diagnosis
52. This treatment program is keep current with the inmates changing needs
and with new analysis, based on any information not available at the time of
the initial classification committee meeting of the inmate case, which
continues from the time of first classification until the inmate is released
a.) Re-classification c.) Diagnosis
b.) Treatment planning d.) Execution of treatment program
53. This is a special unit of prison where new prisoners undergo diagnostic
examination, study and observation for the purpose of determining the
program of treatment and training best suited to their needs and the
institution to which they should be transferred
a.) RDC c.) CDC
b.) RCC d.) DCC
54. The following are the staff of the Reception and Diagnostic Center except
a.) Psychiatrist e.) Vocational counselor
b.) Psychologist f.) Chaplain
c.) Sociologist g.) Medical Officer
d.) Educational counselor h.) Custodial-correctional officer
55. It is required that each provincial jail have a Classification Board which is
tasked with the gathering of information of every prisoner into a case study
to determine the work assignment, type of supervision and degree of
custody and restrictions under which an offender must live in jail. That
Board is composed of:
a.) Warden as Chairman c.) Inmate as Chairman
Members: Assistant Warden Members: All trustees
Chief Security Officer
Medical Officer, Chaplain & Social Worker
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6. b.) Ass’t. Warden – Chairman d.) Governor as Chairman
Members: Chief Security Officer Members: Warden
Medical Officer PNP Prov. Director
Chaplain Chief of DSWD
Social Worker Prov. Prosecutor
56. Admission procedures in prison are the following
a.) Receiving d.) Searching the prisoner
b.) Checking commitment paper e.) Assigning to quarter
c.) Establishing identity of the prisoner f.) All of them
57. The unit of prison or a section of the RDC where the prisoner is given
through physical examination including blood tests, x-rays, and vaccinations
for the purpose of insuring that the prisoner is not suffering from any
contagious disease which might be transferred to the prison population
a.) Quarantine unit or cell c.) Medical room or cell
b.) Safety room or cell d.) All of them
58. Takes place within the first few days in the center which consist of :
>Giving the prisoners booklet of rules and regulations or if there is no
available, explaining the rules to them. Conducting group meetings to the
inmates to explain the purpose of the treatment programs.
>Holding decision with the members of the center’s staff to explain the basic
purpose of the RDC and what the inmates should do in order to profit most
from their experience. That procedure is called
a.) Orientation procedure c.) Briefing procedure
b.) SOP procedure d.) Meeting procedure
59. Within one or two weeks from arrival, this program is given in the form of
psychological and psychiatric examinations in order to have an analysis of
the inmate’s personality which is very valuable to the rest of the center’s
staff. This program is called
a.) Testing program c.) Briefing program
b.) Psychological program d.) Psychiatric program
60. The program activities in prison are the following
a.) Educational program c.) Physical training and recreation
b.) Vocational program d.) All of them
61. Each staff of the RDC has his own phase of study and responsibility, It is
necessary that each of them should plan his interview on every inmate on
whom he is required to report so that his questions are pointed out toward
securing the information which will help him analyze the phase of study for
which he is responsible. This is called
a.) Staff interview c.) Inmate interview
b.) Prisoner interview d.) Inmate staff interaction
62. This is also called the guidance of case conference where the prisoner, after
undergoing all the tests, interviews and examinations, appears before the
center’s staff in conference to plan out what will be his program of treatment
and training after all members of the staff have given their individual reports,
the Body votes on what program of activities the prisoner should undergo
including institutional training, recreational program, religious program,
medical and psychiatric service and social services
a.) Staff conference c.) Inmate conference
b.) Preparatory planning d.) Program analysis
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7. 63. The written reports submitted by the center’s staff regarding their findings on
the prisoner which becomes the nucleus of the cumulative case history of
the prisoners. It is called
a.) Admission summary c.) Prisoner summary report
b.) Case study summary report d.) All of them
64. The copies of the summary shall be given to the following manner
a.) One to the prisoner himself d.) Central record for the bureau
b.) One copy with the RDC e.) Classification committee
c.) Pardon and parole administration f.) All of the above
65. The admission summary shall be used in the following manner
a.) It is used by the classification committee as guide in carrying out the
rehabilitation program of the prisoner in the operating institution
b.) It is used by the parole office as guide in parole program planning and
parole supervision
c.) It is used by the court in reopening of the case of the inmate in case
failure of justice
d.) a and b are correct
66. Carried out the treatment program of the prisoner which is composed of the
Warden as chairman, deputy warden for custody as Assistant Chairman,
with the Deputy Warden for classification and treatment, Production
Manager, Chief Medical Services, Chaplain, and Psychologist or
Psychiatrist as members
a.) Classification committee c.) Admission committee
b.) Testing and acceptance committee d.) Commitment committee
67. It is the program specifically designed and given to prisoner during a limited
period, prior to his release order to give him an opportunity to adjust himself
from the regimented life in prison to the normal, independent life of a free
individual Pre-released Treatment
a.) Educationand Training c.) Rehabilitation
b.) Religious d.) Sports and recreation
68. Aimed toward the improvement of offender’s attitudes and philosophy of life;
the main goal being the ultimate rehabilitation of offenders by changing
inmate’s attitude
a.) Treatment Program c.) Rehabilitation program
b.) Prison program d.) All of the above
69. Phases of treatment program are the following
a.) Prison education d.) Work program
b.) Religious services e.) Recreational services
c.) Health and medical services f.) All of them
70. It is a relationship in which one endeavors to help another understand and
solve his problems of adjustment. It implies mutual consent and as used in
working with offenders, encompasses the personal and group relationship
undertaken by the staff
a.) Counseling c.) Casework
b.) Clinical services d.) All of the above
71. In correctional work, consists of working with one individual at a time which
includes the professional services rendered by professionally trained
personnel in the description and social treatment of offenders is
a.) Casework c.) Clinical services
b.) Counseling d.) All of the above
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8. 72. A service which provides the most intensive diagnostic and treatment
activities which generally include the functions of psychiatrists,
psychologists, social workers, particularly to offenders with deep-
seated emotional problems
a.) Clinical services c.) Counseling
b.) Casework d.) All of them
73. The aims of clinical services are the following
a.) Discovering the causes of individual maladjustment
b.) Applying psychiatric techniques with offenders toward effecting
improved behavior
c.) Offering guidance and support to other staff members in their
management of offenders
d.) All of them
74. The aims of institutional security are the following except
a.) Prevention of escape c.) Maintenance of good order
b.) Control of contraband d.) Promotion of vice
75. Anything contrary to prison or jail rules and regulations, like knife, weapon, tv
set, radio and other items deemed prohibited as per rules and regulations
a.) Prohibited items c.) Contraband
b.) Smuggled goods d.) All of them
76. Essential requisites for sound custody security and control of prisoners are
the following
a.) There must be an adequate system of classification of prisoners
b.) There must be a regular formalized inspection of security facilities such
as doors, bars, windows and locks
c.) There must be an adequate system of counting inmates
d.) There must be a written set of rules for firearms including specification
regarding the use, safety precautions, proper inventory and storage
e.) There must be a plan for gas control also with specification of its use,
safety precautions, etc
f. ) There must be a plan for the control of contraband
g.) There must be a plan for the control of keys
h.) There must be a plan for the control of tools and equipment
i.) Plans should be developed and be available for operation during
emergencies like knots, escape, fire, etc.
j. ) Proper locking devices must be keep in good operating conditions
k.) No exception
77. In case of riots or any kind of emergency what will be the first thing to be
done in prison or jail
a.) sound the alarm or pre-arranged alarm
b.) Notify the warden or desk officer
c.) jail personnel shall make themselves available for deployment
d.) All of the above
78. Supposing in the emergency situation wherein the warden is taken hostage
by the escaping inmates, who will assume command
a.) The warden himself c.) The hostage taker
b.) The deputy or asst. warden d.) Prison guard
79. It involves supervision of prisoners to ensure punctual and orderly movement
to and from the dormitories, place of work, church, hospital and recreation
facilities
a.) Control c.) Deterrence
b.) Supervision d.) All of the above
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9. 80. It is centrally located and elevated facility with good field of observation
a.) Control center c.) Guard post
b.) Guardhouse d.) All of the above
81. It is the continuing state of good order and behavior. It includes the
maintenance of good standards of work, sanitation, safety, education,
personal, health and recreation
a.) Prison discipline c.) Prison orderliness
b.) Prison good behavior d.) Prison attitude
82. It involves prompt correction of minor deviations before they become serious
violations, which may be dealt with a reprimand or warnings and is used
when the deviation is a.) Trivial; b.) due to ignorance or lack of
understanding; or c.) the result of careless or faulty habits
a.) Preventive discipline c.) Disciplinary action
b.) Reprimand or admonishment d.) All of the above
83. Once inmates violated prison or jail rules and regulations, he will be
subjected to
a.) Disciplinary action c.) Punishment at once
b.) Investigation d.) All of the above
84. Punishment imposed in disciplinary cases are the following except
a.) Solitary confinement
b.) Locking in his own cell with loss of yard privileges
c.) Loss of privileges such as visiting, correspondence, etc.
d.) Transfer to another destination
e.) Assignment to discipline squad
f.) Counsel and reprimand
g.) Loss of good conduct time allowance
85. The disciplinary authority in prisons
a.) Warden c.) Asst. Warden
b.) Superintendent d.) Deputy Superintendent for custody
86. The disciplinary authority in jail
a.) Disciplinary board c.) Warden
b.) Superintendent d.) Administrative Officer
87. Putting the convicted offender to an institution for the purpose of separating
him from the public for the protection of the latter and at the same time
rehabilitating him is
a.) Imprisonment c.) Confinement
b.) Parole d.) Probation
88. The following are the punishment imposed on criminal offender found guilty
by the court
a.) Imprisonment c.) Fine e.) All of them
b.) Death d.) Destierro f.) No exception
89. The so-called institutionalized penalty
a.) Parole c.) Imprisonment
b.) Probation d.) Destierro
90. The so-called deinstitutionalized penalty
a.) Probation c.) Imprisonment
b.) Fine d.) All of the above
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10. 91. Who grants probation
a.) The President c.) The Court
b.) Parole & Probation Office d.) Board of Pardon and Parole
92. Who grants pardon and amnesty
a.) The President c.) The Board of Pardon and Parole
b.) The Court d.) None of the above
93. Who grants parole
a.) Board of Pardon & Parole c.) Court
b.) President d.) Prison Superintendent
94. Who grants good conduct time allowance which reduces the term of sentence
a.) The President c.) Superintendent
b.) Director of Bureau of Corrections d.) The Warden
95. It is a conditional release after the prisoner has served part of his sentence
in presence for the purpose of gradually re-introducing him to free life under
the guidance and supervision of a parole officer
a.) Parole c.) Probation
b.) Release d.) Pardon
96. The justifications of punishment are the following except
a.) Retribution c.) Expiation or atonement e) Reformation
b.) Deterrence or exemplary d.) Protection f.) Reward
97. The different juridical condition of penalty are the following, except
a.) Must be productive of suffering
b.) Must be commensurate with the offense
c.) Must be certain
d.) Must be legal
e.) Must be personal
f.) Must be equal for all
g.) Must be correctional
h.) Must be cruel
98. The school of penology are the following, except
a.) Classical school c.) Neo-classical school
b.) Positivist school d.) Socio-economic school
99. As a man is given freewill to choose what is good and evil, he must be made
to suffer the consequences of committing wrong. This is what school
a.) Positivist c.) Neo-classical
b.) Classical d.) None of the above
100. It maintained that while classical school was correct in general, it should be
modified in certain details; since children and lunatics cannot calculate
pleasure and pain, they should not be regarded as criminals or be punished.
It is extended to others by considering mitigating circumstances.
a.) Classical c.) Positivist
b.) Neo-classical d.) all of the above
101. It maintained that a crime is natural phenomenon. That a man is subdued
by that phenomenon to do wrong even though it is against to his volition. It
denied responsibility and reflected the essentially non-punitive reaction to
crime and criminality. The criminal should be punished but he must be
placed in an institution and be attended by mental alienists. This is school of
a.) Positivist c.) Classical
b.) Neo-classical d.) all of the above
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11. 102. It includes all correctional activities that takes place in the community. It
has programs embraces any offender and aimed at helping him to
become law-abiding citizen. That kind of correction is called
a.) Community based c.) Institutionalized
b.) Correction and rehabilitation d.) all of the above
103. The enumerated items below are forms of clemency, choose an example of
community-based correction
a.) Probation c.) Amnesty e.) a & b are true
b.) Parole d.) Pardon f.) c & d are true
104. This is a formally acknowledged and organized efforts to utilize alternatives
to initial or continued processing into the justice system. It implies halting
or suspending formal criminal proceeding against a person who committed
crime in favor of processing through a non-criminal disposition or means
a.) Diversion c.) Suspension
b.) Exemption to correction d.) Non-institutionalized method
105. Example of diversion is
a.) Suspension of promulgation of judgment in favor of juvenile offender
b.) Suspension of trial in favor of privileged accused
c.) Suspension of implementation of penalty on a certain condition
d.) Suspension of trial due to death
106. That permits the release of accused from jail prior to trial is called
a.) Pre-trial release c.) Suspension of trial
b.) Privileged situation d.) Exceptional situation
107. Forms of pre-trial release are the following
a.) Pre-booking release c.) B and C
b.) Pre-arrest release d.) A and B
108. Example of pre-booking release is
a.) Field citation wherein the arrested individual is released by the
arresting officer who has the option to released him as it does not
demand the arrested person to be taken immediately to court
b.) Tolerance wherein the suspect is set free by the arresting officer upon
a certain consideration
c.) Discretion of the arresting officer to be exercised in a certain crimes
mostly victimless offenses
d.) Any of the above
109. Example of post-booking release
a.) Release on recognizance c.) Release on bail
b.) Privilege release d.) a and c are correct
110. The following are classified as unusual/special offenders, except
a.) Female f.) Drug addicts
b.) Alcoholics g.) Mentally-ill
c.) Sex deviates h.) Escape prone prisoners
d.) Suicide-risk i. ) Handicapped, aged and infirmed
e.) Youthful offenders j. ) Professionals
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