Institutional Correction
Introduction
Prison, institution designed to securely house people who have been convicted of crimes.
These individuals, knowns as prisoners or inmates, are kept in continuous custody on a long-term
basis. Individuals who commit the most serious crimes are sent to prison for one or more years;
the more serious of the offense, the longer the prison term imposed. For certain crimes, such as
murder, offenders may be sentenced to prison for the remainder of their lifetime.
When individuals are accused of violating criminal law, they are tried in a court and either
convicted (found guilty) or acquitted (found not guilty). A person who is convicted is then
sentenced that is, assigned a specific punishment. The sentence may involve fines, probation
(supervised release), or incarceration (confinement). Judges may sentence first-time offenders to
probation instead of incarceration. Offenders convicted of more serious crimes and those who
have prior criminal records may be sentenced to incarceration in either a jail or a prison, depending
on the nature of crime.
Chapter 1
Correction in General
What is Correction?
A branch of criminal justice system concerned with the, supervision and rehabilitation of
criminal offenders.
It is that field of criminal justice administration which utilizes the body of knowledge and
practices of the government and the society in general involving the process of handling individuals
who have been convicted of offenses for purposes of crime prevention and control.
It is the study of the jail/prison management and administration as well as the rehabilitation
and reformation of criminals.
It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques and concerned with investigation, intake custody, confinement,
supervision, or treatment of alleged offenders.
Correction as Process
From the moment the suspect is convicted in court he is immediately transferred to the
correctional institution for reformation and rehabilitation to prevent him or her from repeating his
delinquent actions without the necessary of taking punitive action rather introduction of individual
measures of reformation until he completed the rehabilitation process that will be reunited with
the community.
The criminal justice system comprises many distinct stages, including arrest, prosecution,
trial, sentencing, and punishment (quite often in the form of imprisonment). Correction is
concerned with and operates as societys primary dispenses of punishment. Correction is simply a
nice term of punishment. As the root word of the correction implies focuses on correcting a
problem or serves of problems in the society. Correction is defined as the systematic and organizing
efforts directed by a society that attempt to punish offender, protect the public from offenders,
change offenders behavior and in some cases may compensate victim.
The Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality. It is composed of the pillar of Justice such as: the police,
prosecution, court and the community. Correction as one of the pillar of the Criminal Justice System
is considered as the weakest pillar. This is because of the failure to deter individuals in committing
crimes as well as the reformation of inmates. This is evident in the increasing number of inmates in
jails in Prisons. Hence, the need of prison management is necessary to rehabilitate inmates and
transform them to become law abiding citizens after their release.
What is Rehabilitation?
Means: to restore to useful life, as through therapy and education or to restore to good
condition, operation, or capacity. The assumption of rehabilitation is that people are not natively
criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute
to themselves and to society. Rather than punishing the harm out of a criminal, rehabilitation
would seek, by means of education or therapy, to bring a criminal into a more normal state of
mind, or into an attitude which would be helpful to society, rather than be harmful to society.
Rehabilitation is simply the process of changing offenders pattern of criminal behavior and
reforming them into law-abiding and productive citizens through the implementation of training
or therapy in jails. Rehabilitation is designed to encourage criminal offenders to return to the fold
of justice and enhance their self-respect, dignity and sense of responsibility towards their family
and the community.
Correctional Administration
The study and practice of a systematic management of jails or prisons and other institution
concerned with the custody, treatment, and rehabilitation of criminal offenders.
Penal Management
What is Penology?
Study of punishment for crime or criminal offenders. It concludes the study of control and
prevention of crime through punishment of criminal offenders.
The term is derived from the Latin word Poena which means pain or suffering. Penology
is otherwise known as Penal Science. It is actually a division of criminology that deals with prison
management and the treatment of offenders, and concerned itself with the philosophy and practice
of society in its effort to repress criminal activities.
1. To bring light in the ethical barriers of punishment, along with the motives and purpose of
society inflicting it.
2. To make comparative study of penal laws and procedures through history between nations.
3. To evaluate the social consequences of the policies enforced at a giving time
The state has the only power to punish individual who transgress the law.
It is the court has the only power to sentence person who commits wrong act.
13th C (Securing Sanctuary) In the 13th century, a criminal could avoid punishment by
claiming reggae in a church for a period of 40 days at the end of which time he has
compelled to leave the realm by a road or path assigned to him.
16th C Transportation of criminals in England was authorized. At the end of the 16th C,
Russia and other European countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in 1835.
Mid 16th c The period when the first house of correction appeared in England, on the petition
of Bishop Ridley of London for help in dealing with the study vagabonds of the
city.
19th C The period of major development of correction with the almost emergence of
parole and probation.
1787 The first fleet transported 564 males and 162 females prisons on the 8th month
voyage to the present site of Sydney, Australia.
1790 The Pennsylvania Reform Act of 1790. It abolished corporal punishment and limited
capital offenses were reduced to only one that is first degree murder. Imprisonment
at hard labor was instituted as punishment for other serious crimes.
1934 The League of Nations adopted the Standard Minimum Rules for the treatment of
prisoners.
1954 The American Prison Association was renamed the American Correctional
Association.
1955 United Nation preferred to identify its activities and programs under the broader
concept of Social Defense rather than correction.
Historical Places
Ancient Rome
Berlin
The country where the last burning at the stake was made until 1786
Australia
Place where after the American gained their Independence from England in 1786, the
prisoners of England were transferred until 1767.
(1552) First house of correction (England for locking up and whipping beggars,
prostitutes, and night walkers of all sort.
The Panoptican or Inspection Prison House is a building plan made by Jeremy Bentham,
a noted English exponent of the classical school of criminology, which called for tank structure,
covered by a glass roof.
Dartmoor Prison
Thames River
Located in South of England where in 1776, prisoners were employed for a year to cleanse
and build a Royal Dock in River Thames. The prisoners were quartered in hulks anchored in the
Thames until 1807 and at Gibraltar until 1875.
Milibank Penitentiary
An abandoned copper mine located at Simsbury, Connecticut, the inmates are confined
underground and considered as black hole of horrors.
(Otherwise known as Congregate system, Silent System) was established in 1816 the
original design of the prison included but William Britten, the first Warden, made each double call
into solitary cells. Characterized by locking the inmates in separate cells at night but worked
together in enforced silence in congregated workshops during day. This was the first recorded time
single cell construction was used in the world. Auburn Prisons name was changed in 1970 to
Auburn Correctional Facility. It continues to be a walled, maximum security prison for male felons.
Pennsylvania Prison
(Solitary System Separate System) its features consisted in solitary confinement of the
prisoners in individual cells day and night, where they lived, slept, received religious instructions,
and read the bible and given work. Silence was also enforced.
Alcatraz
Located in the Middle of San Francisco Bay in California. It was formerly used as military
Stockade and later as a Maximum Security Prison. The most expensive prison in history.
Alcatraz was named after a bird. In 1775 Spanish explorer Juan Manuel de Ayala noticed
the island while charting San Francisco Bay and named it The Isle of the Pelicans (Alcatraces in
Spanish). And it was left to the birds until the early 1850s when U.S Army engineers surveyed the
island and blasted the sides, to make more suitable as a fort.
Others
GAOLS
Galleys
Long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A
type of ship used for transportation of criminals in the ate 18th century.
Hulks
Decrepit transport, former warship converted into prison as means of relieving congestions
of prisoners. They were also called floating hells.
Among the reason for the substitution of imprisonment for corporal and capital punishment
was undoubtedly the spirit of humanitarianism that arouse during Enlightenment.
Early Prisons
Mamertime Prison
The only early Roman place of confinement, which is built under the main sewer of Rome
in 64 B.C.
Bridewell Workhouse
The first most popular workhouse in 1570 located in London which was built for the
employment and housing of England prisoners.
Originaly constructed as a detention jail in Philadelphia. It was converted into a state prison
and became the first American Penitentiary, In 1970, the Walnut Street Jail in Philadelphia became
what is commonly regarded as the nations first state prison when it was converted from a simple
holding facility into a prison by the to which offenders could be sentenced for their crimes. It was
converted by the Pennsylvania Quakers, following the legacy of William Penn, intended to
introduce religious and human principles into the handling offenders. Inmates in Philadelphia
Penitentiary were held on solitary confinement and were expected to wrestle with the evil they
harbored. The prisoners work eight to ten hoursday and received religious instruction. Prisoners
were allowed to talk only in the night room before retiring.
The Old Bilibid Prison, established on June 25, 1865 under a Spanish Royal Degree, then
known as Carcel y Presidio Correccional. (Spanish, Correctional Jail and Military Prison) occupied
a rectangular piece of land which was part of the Mayhalique Estate in the heart of Manila. Due to
increasing crime, the Philippine Government enacted Commonwealth Act.No 67 and a new prison
was built in Muntinlupa on 551 hectares of land at an area considered at that time to be remote.
Construction began in 1936. In 1941 the new facility was officially named The New Bilibid Prison.
(New York System Congregate Silent System) was established in 1816. 1796, New York
passed a law that provide for the building of two prisons. The first, built in New York City, was
called Newgate 1797. The second was Auburn in 1817. The original design of the prison included
61 double cells but William Britten, the first warden, made each double cell into solitary cells
thinking it would be easier to handled separated convicts. This was the first recorded time single
cell construction was used in the world. During Auburn Prisons early year, visitors from across
America and Europe came to see the prison. Among its feature were the confinement of prisoners
in single cells at night and congregation of work in shops during the day. Complete silence was
enforced. The plan included the strip suit, close cropped hair, locksmith, and harsh punishment,
which included beating and flogging. It system was considered more advantageous because it has
been observed that prisoners can finish more articles when they work in a group than working
alone in their individual cells. Discipline was strictly enforced at Auburn.
(Solitary System Separate System) its features consisted in solitary confinement of the
prisoners in individual cells day and night, where they lived, slept, received religious instruction,
and read the bible and given work. Silence was also enforced.
1. Northern Industrial Prison under this type of prison, prisoners should work for the benefits
of the state.
2. Southern Plantation - a prison that the labor of the convicted prisoners was concentrated
on agricultural plantation.
3. Chain Gangs labor on public works throughout the state were performed by the prisoners
rather than continuing their labor were chains to avid escape. They called them chain gangs.
18th Century is a century of change; it is the period of recognizing human dignity. It is the
movement of reformation, the period of introduction of cetin reform in the correctional field by
certain person, gradually changing the old positive philosophy of punishment to a more humane
treatment of prisoners with innovational programs.
The Pioneers:
The Reformatory Movement (18th century called the Age of Enlightenment) (1876-1890)
Alexander Mocanochie
1. He is the superintendent of the penal colony at Norfolk Island in Australia (1848), who
introduces the Mark System. A system in which a prisoners is required to earn a
number of marks based on proper department, labor and study in order to entitle him
for a ticket for leave of conditional release which is similar to parole.
He also introduced other progressive measure such as fair disciplinary trials, building of
churches, distributing books, and permitting prisoners to tend small gardens.
Manuel Montesimos
The director of Prisons in Valencia Spain (1835) who divided the number of prisoner into
companies and appointed certain prisoners as petty officers in charge, which allowed the reduction
of the inmates sentence one third (1/3) for good behavior; offered trade training to prepare the
convicts for return to society.
Domets of France
Established an agricultural colony for delinquent boys in 1839 providing house father as in
charge of these boys. He concentrated on re-education upon their discharge; the boys were placed
under the supervision of a patron.
The director of the English prison who opened the Borstal Institute after visiting Elmira
Reformatory in 1897. The Borstal Institution is considered as the best reform institution for young
offenders today. This system was based entirely on the individualized treatment.
Walter Crofton
He is the director of the Irish Prison in 1854 who introduced the Irish System that was
modified from the Mocanochies Mark system. Which was later called Progressive State System.
Zebulon Brockway
The director of the Elmira Reformatory in New York (1876) who introduced a new
institutional program for boys, 16 to 30 years of age. Under this program:
Opened in 1876 it rejected 19th century penology holy trinity of Silence, Obedience and
Labor. Elmira goal would be reform of the convict, and its methods would be psychological
rather than physical. Instead of coercing with the lash Elmira would encourage with
rewards. Mass regimentation would yield to classification and individualized treatment.
Instead of fixed to fit the crime, the indeterminate sentence would be adjustable to fit the
criminal rather than release after the offenders paid his dept to society the parole
procedure would assure he did not begin running up a new lab Elmira quickly redefined
the term reform until them understood only in purely religious terms.
This consisted in the operation of industries inside the penal institution in order to
support the maintenance of prisons, especially during the economic depression that hits the
United States, wherein almost every prison was converted into a factory of manufacturing
articles. Such prison made were sold in open market for profit.
During this period, however, these was a sudden in criminality in the United States
forcing a congressional committee to investigate and it found out that the rise in criminality
was caused by the increase in recidivism and habitual delinquency, due to the abandonment
of the rehabilitation program in penal institutions in favor of the operation of industries.
Consequently, a law was passed which or controlled institutions, thus putting an end to the
Industrial prison Movement. In, 1929, the Hawwe-Copper Act was passed, following in
1935 by the aschrust Summer Act to restrict the sale of prison goods.
The following six system of inmates were in use by the early 1990
1. Contract System private businesses paid for the rent of inmate labor. They
provide the raw materials and supervised the manufacturing process inside the
facilities.
2. Piece-price System goods were produced by private businesses under the
supervision of prison authorities. Prisoners were paid according to the number
and quality of the goods manufactured.
3. Lease System prisoners were taken to the work site under the supervision of
armed guards. Once there, they were turned to the private contractor who
employed them and maintained discipline.
4. Public Account System eliminated the use of private contractors, industries
were entirely prison owned and prison authorities managed the manufacturing
process from beginning to end. Goods were sold on the free market.
5. State-Use System under this arrangement prisoner manufactured only goods
which would be used by other officers, or they provided labor assist others state
agencies.
6. Public work the maintenance and restoration of public building of public
building all came under the rubic of public work.
History has shown that there are three main legal systems in the world, which have been
extended to and adopted by all countries aside from those that produced them. In their
chronological order, they are the Roman law, The Mohammedan or Arabic and the Anglo
American Laws. Among the three, it was Roman Law that has the most lasting and most
pervading influence. The Roman Private Law, which includes criminal law, especially has
offered the most adequate basic concept which sharply define, in concise and in consistent,
terminology, mature rules and a complete system, logical, and firm, tempered with a high sense
of equity.
The Twelve Tables (XII Tabulae), (451-450 BC) represented the earliest codification of
Roman Law incorporated in the Justinian Code. It is the foundation of all public and private
law of the Roman until the time of Justinian. It is also a collection of legal principles
engraved on metal tablets and set up on the forum.
b. Greek Code of Draco In Greece (a republic in south Europe) the Code of Draco, harsh
code that provides the same punishment for both citizens and the slaves as it
incorporates primitive concept (Vengeance, Blood feuds).
The Greeks were in the first society to allow any citizen to prosecute the offender in
the same of the injured party.
Specified punishment according to the social class of offenders, dividing them into; nobles,
middle class and lower class and specifying the values of the life each person according to
social status (500 A.D)
The Philippines is one of the many countries that came under the influence of the Roman
Law. History has shown that the Rome Empire reached its greatest extent to most continental
Europe such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889,
the Conquistadores and the Kodigo Penal (Revised Penal Code today, 1930) was Roman Law
principles (Coquia, Principle of Roman Law 1996).
Mostly tribal traditions, customs and practices influenced laws during the pre-Spanish
Philippines. There were also laws that were written includes;
a. The Code of Kalantiao (promulgated in 1433) the most and severe law that prescribes
harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
4th A.D Secular laws were advocated by Christian philosopher who recognize the need for justice.
Some of the proponents these law were St. Augustine and St. Thomas Aquinas.
Three Laws were distinguished; External Law (Lex External), Natural law (Lex Naturalis) a principle
or body of laws considered as derived from nature, right reason, or religion as ethically bidding in
human society , Human Law (Lex Humana). All these laws are intended for the common good,
but the human law only becomes valid if it does not conflict with the other two laws.
Chapter 2
Segment 1. Punishment
What is Punishment?
It is the redress that the state against an offending member of the society that usually
involves pain and suffering. It is also the penalty imposed on an offender for a crime or
wrongdoing.
Criminal Punishment
Penalties imposed by the government on individual who violate criminal law. People who
commit may be subject to fines or other monetary assessments the infliction f physical pain or
confinement in jail or prison for a period of time (incarceration).
In ancient times, societies widely accepted the law of equal retaliation (Known as lex
talionis) a form of corporal punishment that demanded an eye for an eye for one persons
criminal actions injured another person, authorities would similarly main the criminal.
1. Psychological damage
2. Physical damage
3. Financial damage
The purpose of punishment is to show disapproval for the offenders wrongdoing, and to
clearly condemn his criminal actions. This is why we punish; we punish to censure (retribution),
we do not punish merely to help a person change for the better (rehabilitation).
According to European penal reformer argued that punishment must sought to humanize
by making its exercise equal, consistent, and beneficial to all society. Foucault relates that
punishment helps bring forth a new economy of power, one that shifted the emphasis away from
the crime and on to the moral reform of the criminal. Marxist on the other hand challenged the
use of equal distribution of punishment along racial lines and emphasized the political economy of
penology and sought to strip the practice of punishment from their jurisdictions. Durkheim (1893),
stated that the social function of punishment is to give effect to the emotional outrage of a society
whose norms have been breached by the criminal act.
Art. 12 of the Revised Penal Code the following are exempted from Criminal Liability:
1. An imbecile (is characterized by old age has a mental development comparable to that of
a child bet. Two and seven) or an insane (is on deprived completely of reason or
discernment and freedom) person, unless the latter has acted during a lucid interval. The
latter is exempted from punishment because of complete deprivation of intelligence or total
deprivation of freedom of the will.
2. A person under nine years of age acting without discernment. The latter is exempted from
criminal liability because of the reason that the act without the least discernment to
understand the difference between right and wrong.
A French philosopher, historian, critic and sociologist? Wrote the Book entitled Discipline
and Punish: The Birth of the prison, it is an examination of the social and theoretical mechanism
behind the massive changes that occurred in western penal system during the modern age.
Published in 1795. The book open with a graphic description of the brutal public execution in 1757
of Robert Francois Damiens, who attempted to kill King Louis XV.
1. Monarchial Punishment involves the repression of the populace through brutal public
displays of execution and torture.
2. Discipline Punishment gives professional (psychologist, programme facilitators, parole
officer, etc.) power over prisoners, most notably in prisoner length of stay depend on
the professional judgments.
1. Death Penalty affected by burning, beheading, hanging, and breaking the wheels,
pillory and other forms of medieval execution.
2. Physical Torture affected by maiming, mutilation, whipping and other inhuman and
barbaric form of inflicting pain.
1. Social Degradation putting the offender into shame or humiliation.
2. Banishment or Exile the sending or putting away of an offender which was carried
out either by prohibition against coming into a specified territory such as an inland to
where the offender has been removed.
3. Slavery emphasizes the idea of complete ownership and control by a master.
4. Transportation banishment, as of a criminal to a penal colony; deportation.
5. Mutilation to deprive a person of a limb or other essential part.
6. Branding a mark formerly put upon criminals with a hot iron indicating the type of
crime they had committed. (M-murder, T- thief).
7. Ducking Tools was popular form of punishment often used for scolding woman. The
culprit was strapped into a chair attached to a long lever. The operator could duck the
chair into the water and thereby by submerge the culprit and crowds would often
gather to watch. Quarrelsome married couples were ducked tied back to back.
8. Flogging Whipping - whipping as a form of punishment can be found in the bible
(Deuteronomy).
9. Pillory a wooden framework erected on a post, with holes for securing the head and
hands, formerly used to expose an offender to public derision.
10. Stock a former instrument of punishment consisting of framework with hole f or
securing the ankles and sometimes, the writs, used to expose an offender to public
derision.
Capital Punishment
The first person to be executed in US was a Korean national Gee Jon on February 1924 in
Nevada. The last person to be executed in the gas chamber was a German National Walter La
Grand from Arizona on March 4, 1994.
2. Electric Chair a device commonly used for execution of convicted criminals during the
20th century.
William Kemmler (New York) first person execution via the electric chain in Auburn Prison
on August 6, 1890.
Maria M. Place first woman to be executed in the electric chair, executed at Sing Sing
Prison on March 20, 1890.
Cases of execution via electric chair in the Philippines is affected by RA. 7659 known as Death
Penalty law, an act to impose the death penalty on a certain heinous crime. The death penalty was
abolished in the Philippines in 1987 the first Asian country that abolished death penalty, but
reimposed in 1994 due to upsurge in heinous crime.
Jaime Jose, Basilio Pineda and Edgardo Aquino, executed on May 1972 because of the
abduction and gang rape of the young actress, Maggie Dela Riva during the dictatorship of
former President Ferdinand Marcos.
3. Hanging is a form of execution of method of suicide in England the sharp drop method
was used until the 19th century until 20th century long drop was introduced, which caused
the breaking of neck.
As a form of judicial execution in England date from the Saxon period area AD 400.
4. Lethal Injection is a method of capital punishment, it gained popularity in the 20th as
supposedly humane for execution.
Use intravenous administration
The injection is intravenous and is a usually a mixture of compound, designed to induce
rapid unconsciousness followed by death through muscular paralysis of the lungs and
or by inducing; cardia depolarization.
1. Sodium Thiopental to induce a state of unconsciousness intended to last while the other
injection takes effect.
2. Pancuronium or Tubocaranine to stop all muscle movement except the heart. Thus cause
involuntary muscled paralysis, collapse of the diaphragm and eventually death
asphyxiation.
3. Potassium Chloride stop the heart from beating and thus the victim death.
Hitler personal Doctor Karl Brandt was the first suggest injecting a lethal dose of poison as an
execution method to disabled people.
Lethal injection in the country is affected by RA 8177 known as Act designating Death by
Lethal Injections. Execution by lethal injection actually started only in 1999 and seven
death convicts were executed injections until 2000.
Leo Echegary, was executed on February 5, 1999, for raping his 10 years old step daughter,
was sentenced death by the Quezon City Regional Trial Court in September 1994.
Alma Bista Gaupo and Generosa Basilan Payan, was executed on September 16, 1999, are
hereby found guilty beyond reasonable doubt of the crime of kidnapping for ransom.
Bernandino Domantay alyas Junior Otot, was sentenced to to death May 11, 1999, was
found guilty of a crime of rape with homicide.
Elberto Tubongbanuan Pahilanga, was executed March 26, 2002, was found guilty beyond
a reasonable doubt of the crime or murder and is sentenced to suffer the severe penalty of
death by lethal injection with all the accessory penalties provided by law.
Santiago Lagaman J, was executed October 20, 2001, found guilty of a crime of
kidnapping for ransom and sentenced then to suffer the penalty of death.
Eddie Sernadilla, was executed by lethal injection dated January 24, 2001, was found guilty
of a crime of rape against April Joy L. Peroche, a six (6) year old.
Antonio Magat Londonio, was executed by lethal injection dated May 31, 2000, was found
guilty of raping his daughter, Ann Fedeli L. Magat, on two occasion and sentenced him to
suffer the extreme penalty of death.
5. Decapitation or Beheading
- Is the removal of a living beings head inevitably resulting to death. Maybe accomplished
for ex. ( An, axe, sword or knife, or by means of guillotine).
6. Firing Squad
- Is a method of capital management particularly common in times of war, a firing squad
is a group of people usually soldiers, who are ordered to shoot at the condemned
person simultaneously.
- Commonly used to execute spies.
- used to execute war criminal after WW2 most notably by Poland and Russia.
1. Absolute Theory (Retributive Justice) is an action imposed by the state towards the
criminal in return of losses by the offended party or a reward for a criminal who
committed a crime to vindicate (to clear as from accusation) of absolute right and moral
law violated by the criminal.
2. Relative Theory centered on;
a. Retaliation Also known as Lex Talionis (Personal Vengeance) the earliest remedy for a
wrong act to a criminal in the primitive society. Applies the concept of personal revenge to
return like for like by the victim family or tribe against the family or tribe of the offenders,
hence Blood Feuds was accepted in the early primitive societies. This system is no longer
accepted in the modern society.
b. Fines and Punishment custody has exerted effort and great force among primitive
societies. The acceptance of vengeance in the form of payment (cattle, food, personal
service, etc.) became accepted as dictated by tribal traditions. In the modern society fine is
a monetary penalty imposed on an offenders and paid to the court and punishment is
centered on imprisonment to rehabilitate the offender.
Imprisonment putting the offender in prison for the purpose of protection the public
against criminal activities and at the same time rehabilitating the prisoners by requiring them
to undergo institutional treatment programs.
Parole a conditional release of a prisoner after serving part of his/her sentence in prison
for the purpose of gradually re- introduced him/her to free life under the guidance and
supervision of a parole officer.
Note: The purpose of Parole and Probation is to help individual re-integrate into society as
constrictive individuals as soon as they are able.
Sample Case (Peterborough, Ontario was ordered as a part of a judges PROBATION order in june
2007 Steven Cranley of not to have a Girlfriend for 3 years)
Parole Probation
Administrative function exercised by the It is a judicial function exercised by court
executive branch of government.
Granted to a prisoner only after he has served Granted to an offender immediately after
minimum of his sentenced conviction in prison
It is an extension of correctional It is substitute for imprisonment
Granted by the BPP Granted by the Court
Parolee Probationer
Parolee supervised by Parole Officer Probationer supervised by Probation Officer
Fine paid as punishment: a sum of money that somebody is ordered to pay for breaking
a law or rule.
Destierro the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 kilometer perimeter.
Justification of Punishment
1. Retribution derive from a Latin word meaning to pay back in retaliation for
wrongdoing, societies seek to punish individuals who violate the rules. Criminal punishment
is also intended as a deterrent to future criminality. The punishment should be provided by
the state whose sanction is violated, to afford the society or the individual the opportunity
of imposing upon the offender suitable punishment as might be enforced. Offender should
be punished because they deserve it. Conventional punishment for criminal conduct
includes confining inmates on cells, restricting their freedom, and obligating them to follow
rigid behavior codes. People consider imprisonment an appropriate form of punishment
for committing crimes, and believe that convicted offenders should receive their just deserts
in accordance with societal rules.
2. Expiation or Atonement it is punishment in the form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence (which is the idea of making him afraid to offend, though he may still desire
to) punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law. Punishment is imposed to warm potential offenders that they
cannot afford to do what the offender that they cannot afford to do what the offender has
done.
Types of Deterrence
constrained them to a life in crime in the first place. It is establishment of the usefulness and
responsibility of the offender. Societys interest can be better served by helping the prisoner
to became law abiding citizen and productive upon his return to the community by
requiring him to undergo intensive program of rehabilitation in prison. Prison attempts to
rehabilitate inmates so they will avoid future criminal behavior.
1. The Classical School (18th -1738-1798) it maintains the doctrine of Psychological hedonism
or free will. That the individual calculates pleasure and pain in advance of action and
regulates his conduct by the result of his calculations. (advocated by Cesare Beccaria, Jeremy
Bentham and others) maintain that man is essentially a moral creatures with absolute free
will to choose between good and evil. Therefore, stress is placed upon criminal acts. It
includes the belief that a certain criminal act warrants a certain punishment without any
variations.
Free Will (Beccaria) a philosophy advocating punishment severe enough for people to
choose, to avoid criminal act it includes the belief that certain criminal act warrants a certain
punishment without any variation.
Hedonism (Bentham) the believe the people choose pleasure and avoid pain.
2. The Neo-Classical School it maintained that while the classical doctrine is correct in
general, it should be modified in certain details. Since children and lunatics cannot calculate
the differences of pleasure from pain, they should be regarded as criminal; hence they
should be free from punishment.
3. The Positivist/Italian School the school denied individual responsibility and reflected non-
punitive reaction to crime and criminality, it adheres that crimes, as any other act, are a
natural phenomenon. Criminals are considered as sick individuals who need to be treated
programs rather than punitive action against them.
- The school that composed of Italian who agreed that in the study of crime the emphasis
should be on scientific treatment of the criminal, not life is regulated by others and
highly structured.
Correctional System
1. Prisons are also called Penitentiary conventionally institutions which form part of the CJS
system of a country. A place in which individual are physically confined and usually
deprived of a range of personal freedom. Each aspect of an inmates daily life is regulated
by others and highly structured.
2. Penal Colony - a penal colony is a colony used to detain prisoners and generally used them
for penal labor in an economically underdeveloped part of the state (usually colonial)
territories, and on a far larger scale than the prison farm.
3. Jail (Gaol) is a place of detention for a people awaiting trial, or for those who have been
convicted of misdemeanor and are serving a sentence of less than one year. Jails are run by
the BJMP and are operated and overseen by jailers, and have work programs for inmates
that demonstrate good behavior.
4. House Arrest in justice and law, house arrest is the situation where a person is confined
by the authorities to his or her residence. Travel is a lenient alternative to prison time. In
that case, typically, the person under house arrest does not have access to means of
communication.
5. Community Service refers to service that a person perform for the benefit of his or her
local community.
Segment 2. Penalty
What is Penalty?
The suffering inflicted by the state against an offending member for the transgression of
law. It is a legal or official punishment for committing a crime or other offense.
Yes, it is legal penalty that may be imposed by the state for the commission of crime.
1. Stoning form of execution in which the condemned person is killed being pelted with
stones.
2. Beheading/Decapitation - (from Latin word de meaning from, and caput a head) to
cut the head off somebody, especially as a form of execution.
3. Crucification - to put death by nailing or binding the hands and feet to a cross like the
manner how Jesus was executed on the cross. The place where Jesus was crucified is called
Skull Hill which means Calvary in Latin and Golgotha in Hebrew.
4. Pillory a wooden frame with curved holes in it, and mounted on the post upon a
platform. Pillory was abolished in England in 1837. The US state where pillory is legal is in
Delaware but was abrogated in 1905.
Pillory, former mechanism for public punishment of criminals, consisting of two parallel
boards, joined by sliding hinges and fixed liked an signboard on the top of a strong pole,
supported on a wooden platform elevated above the ground. A large circular hole with its
center in the line of junction of the two planks received the neck, and two corresponding
holes of smaller size, one on each side of it, received the wrists. In France the pillory was
abolished in 1832. It was abolished in Britain in 1837 and in the United States, where early
statutes had ordered it for some offenses, in 1839. In the state of Delaware, however, this
form of punishment remained in effect until 1905 compare stocks.
5. Flagellation whipping.
6. Garrote a garrote is an iron attached upon a scaffold formerly used in Spain and Portugal
for the execution of condemn criminals by strangulation.
7. Guillotine it is devise for cutting-off peoples head that found its roots in Scotland, where
it was first called the maiden. An oblique blade falls between two upright, slicing through
the victim neck. It became the symbol of the Reign Terror in 1793 1794. In of the first
victim in the history of Guillotine is John the Baptist. It remained the principal method of
execution in French until the abolition of capital punishment in 1981.
A devise for beheading a person consisting of a heavy blade that drops between two posts
serving to guide at fall.
8. Electric Chair electrocution in a legal sense a method of inflicting the death penalty on
a convicted criminal by passing an electric current through the body.
The criminal to be electrocuted is strapped into a specially constructed electric chair. One
electrode is applied to the scalp, the other to the calf of one leg. The electrodes are
moistened with a salt solution to ensure adequate contact. Death usually occurs within two
minutes after the current has started of flow through the body.
9. Hanging used in the execution of General Tomoyuki Yamashita after his surrender on
September 23, 1845.
10. Musketry Firing Squad in almost 100 years 5th Philippines have only two cases of death
by musketry in the public: Dr. Jose Rizal and convicted drug lord Lim Seng at Port Bonifacio
on May 7, 1973.
11. Gas Chamber common practice is by placing the convict in sealed chamber where the
abnoxious gas or carbon monoxide is introduced until the convict is declared dead. In
medical terms the victim of poisonous gas dies from hypoxia which simply means that the
oxygen was cut-off the brain. Invented by Maj. D. Turner Medical Corps Officer of US
Army in 1921 WW1 as an alternative to electric chair.
12. Lethal Injection developed in 1924 by an anesthesiologist in Nevada the first lethal
injection was recorded in 1982 in Texas US.
Duration of Penalty
Forms of Repetitions
1. Recidivism
2. Reiteration
3. Habitual delinquency
4. Quasi recidivism
1. Actual damage- are real damages to compensate for loss or injuries that have actually
occurred. This is in contrast to "nominal" damages (a small amount paid where there is
no real loss) or "punitive" damages (intended to punish the party who must pay
damages).
2. Moral damage - a concept which means compensation for moral prejudice and which
is generally defined as the injury to feelings caused by the death of a loved one.
3. Liquidated damage are those agreed upon by the parties to a contract, to be paid in
case if breach thereof;
(Damages can be liquidated in a contract only if (1) the injury is either "uncertain" or
"difficult to quantify"; (2) the amount is reasonable and considers the actual or
anticipated harm caused by the contract breach, the difficulty of proving the loss, and
the difficulty of finding another, adequate remedy; and (3) the damages are structured
to function as damages, not as a penalty.)
4. Exemplary or Corrective Damage imposed by way of examples or correction for the
public goods in addition to the moral, temperature, liquidated or compensatory
damages. (In view of its nature, it should be imposed in such an amount as to
sufficiently and effectively deter similar breach of contracts in the future by
defendant )
5. Nominal Damage adjudicated in order that a right if the plaintiff which has been
violated or invaded by the defendant may be vindicated or recognized.
(There are a number of reasons. Sometimes, he wants vindication that he was right.
Sometimes, an award of nominal damages will also allow him to obtain punitive
damages, which are damages designed to punish a defendant, rather than compensate
a plaintiff. In other cases, the plaintiff may be suing because he is fighting for a cause,
like if he believes his Constitutional Rights are being violated. )
6. Temperate or Moderate more than nominal but less than compensatory damages
may be recovered when the court finds some pecuniary loss has been but its amount
cannot from the nature of the case, proved with certainly.
(Temperate damages in lieu of actual damages Despite the failure to submit proof of
actual damages,)
(Temperate damages in lieu of loss of earning capacity For loss of earning capacity,
temperate damages may be awarded in lieu of actual damages where earning capacity
is plainly established but no evidence was presented to support the allegation of the
injured partys actual income.)
Prescription of Crimes
-is the forfeiture or loss of the losses of the tight of the state to prosecute the offender after
the lapse of a certain time.
Prescription of Crimes
Principle Penalaties
1. Divisible Penalty those that have fixed duration and are divisible into three
periods.
2. Indivisible Penalty those which have no fixed duration ex. Death
B. According to subject manner
1. Corporal (death)
2. Deprivation of freedom (reclusion, prison, arresto)
3. Restriction of freedom (destierro)
4. Deprivation of right (Disqualification and Supension)
5. Pecuniary (fine)
C. According to their Gravity
1. Capital
2. Afflictive
3. Correctional
4. Light
6. Accessory Penalty those that are deemed included in the imposition of the
principal penalty.
Total Extinction of Criminal Liability
1. By the death of the convict 4. By absolute pardon
2. By service of sentence 5. By prescription of crime
3. By amnesty which completely 6. By prescription of penalty
extinguish the penalty and all its 7. By the marriage of the offended
effect woman
Chapter 3
1. Family Model any institution that was built to counter these crime problems should
reestablish the ordered structure of the family and the community reformatory were
constructed to re-create a family setting.
2. Punishment and Penitence Model an attempt that involves the extreme use of punishment
and isolation and two prison system in particular held everyone attention the Pennsylvania
and Auburn system.
3. The Reform reformatory programs included vocational, religious and academic and
physical training, keeping the increasing numbers of inmates busy and the new programs
were used to fill the gap.
4. Rehabilitation the rise of the positive school in American Criminology provided a
theoretical basis for the model and argued that criminals were sick rather than bad and that
proper treatment could make them well-that is release them from the biological,
psychological and sociological factors that drove to commit crimes.
5. Reintegration Model includes building or rebuilding solid ties between the offender and
the community, reintegrating the offender into community life restoring family ties,
confinement should be used only as last resort, instead programs including pre-release,
educational release and furloughs.
6. Punishment Model is the most desirable correctional model in working with offenders.
Imprisonment be used more and recommends that sizeable group of offenders not be
returned to the community rather suggest a type of post punishment confinement.
Other Models
Rationale
1. Justice Model --retribution
2. Custodial Model --incapacitation
3. Least Restrictive Alternate Model --reintegration
4. Rehabilitation Model --re-socialization
The Medical Model one which implied that the offender was sick and that rehabilitation was
only a matter in finding the right treatment. Inmates to be seen more as clients or patient
that as offenders and terms like resident or group members replaced the inmate model.
Incarceration rate a figure derived by dividing the number of people incarcerated by the
population of the area and multiplying the result by 100,000.
Security level a designation applied to a facility to describe the measures taken, both inside and
outside to preserve security and custody.
Custody level the classification assigned to an inmate to designate the security precautions that
must be observed when working with that inmate.
Warehousing an imprisonment strategy based upon the desire to prevent recurrent crime but
which has abandoned any hope of rehabilitation.
Nothing works doctrine the belief, popularized by Robert Martinson in the 1970s, that
correctional treatment program has little success in rehabilitation offenders.
Conjugal visit refers to the system administrators have employed in some jurisdiction for
providing prisoners with some sexual and social contacts with their spouses in a relaxed,
unsupervised, special area of prison community.
Conjugal visit was first introduced in the early 60s in Mexico and the syndrome have
infected many civilized countries of the world and probably the most liberal of all conjugal visiting
programs.
3. Shalom House
and gathers strength, he graduated to the second stages during which he work
outside of Shalom /house and return in the evening Shalom most valuable tool is
mutual, continuous, day-today reinforcement among residence of the will and
intention to keep of the drugs.
4. Port Program
The fellowship between architecture and human behavior has been and remains
controversial issue. Architects have argued that the physical design of building location of windows,
exist, entrances, sidewalks, trees and so on will determine the social behavior of the people who
occupy the premises.
Robert Merton said we shape our building and afterwards our building shape us.
Gabriel Tarde examined the prison system and decided that prisoners should have individual cells
to keep them from contaminating each other. In 1791, Bentham proposed a prison plan called
Panoptican or Inspection House or All-seeing and it was the first circular prison plan, the
prison was to be built of cast iron and glass but never been built. Although was never completed,
some prisons and jails which resembled his circular plan were built in Europe.
John Haviland in 1820 planned a prison with a central rotunda with seven wings, he gave
admirable attention to proper lighting, and adequate plumbing, ventilation and space fro exercise.
His plan was the basic architectural design for the Pennsylvania System.
1. Security and Custody under this philosophy, any prison design should accomplish the goal
that few people escape from prison.
2. Rehabilitation the need for a prison design that emphasizes the philosophy of
rehabilitation would include programs for education, recreation and social activity,
medical, facilities, prison labor, and some treatment programs.
3. Professional Prison
a. Security is the primary but not the sole function of prison. It must be assured in order
that reform can be carried out. Security involves preventing not only escape but also
contrabands and disorder.
b. Prisoner Type the philosophy of prisoner types suggests that prisoners be classified,
not according to the crime committed, but according to the chance of treatment.
c. Treatment the professional must be also characterized by treatment philosophy
program, such as education, religious service, and labor will not be sufficient although
they are important. Such programs must be problem solving.
d. Architecture the question here is what type of architectural facility will be necessary
for treatment programs. Some progress toward bringing architecture in line the new
treatment philosophies can already be seen.
Jail has been called shame of the criminal justice system the root cause of jail crowding
can be found in a growing rate coupled with a punitive public attitude.
Prison capacity a general term referring to the size of the correctional population an
institution can effectively hold.
a. Rated Capacity the size of the inmate population a facility can handle according to
the judgement of expert.
b. Operational Capacity the number of inmates a prison can effectively accommodate
based upon management considerations.
c. Design Capacity the number of inmates a prison was architecturally intended to hold
when it was built or modified.
1. Null Strategy says that nothing should be done, that prisons should be allowed to become
increasingly congested and staff remain to maintain them with the assumption that the
problem is temporary and will disappear in time.
2. Selection Incapacitation Strategy urge that expensive and limited prison space with the
necessary number of staff to maintain them should be used more effectively by targeting
the individuals whose incarceration will do the most to reduce crime.
3. Population Reducing Strategy incorporates from the door and back door strategies.
Front door strategies divert offenders to non-incarcerate sanctions, among them,
community service, restitution, fines and probation. While backdoor strategies such as
detention, parole, work release and behavior are devised to get offenders out of the prison
before the end of their terms in order to free space new comers.
4. Construction Strategy the building of new facilities to meet the demands for prison space
for an advantageous prison management.
5. Population Sensitive Flow Control Strategies urges the sentencing be linked to the
availability of prison space and management staff, that policies be developed allowing the
release of prisoners when prison facilities become crowded and staff are greatly
outnumbered to manage prisoners and that each court be allotted a certain amount of
prison space and staff member so that judges and prosecutors make certain decisions
accordingly.
Justice Statistics
The high proportion of prisoners in develop countries may be explained by range of factors.
Rich Countries a more strict approach to law through the use of mandatory sentencing.
Poor Countries rate of incarceration may be a reflection of tendency for some crime to
go unpunished. Political corruption of the use of other mechanism which provide an
alternative to incarceration as means of dealing with crime (reconciliation).
Chapter 4
The Philippine Prison System adopted two approaches in treating criminal offenders. These
are the institution based programs and the Community based treatment programs.
These aimed toward the improvement of offenders attitude and philosophy of life, the
main being the ultimate rehabilitation of offenders by changing inmates attitude.
The confinement of criminal offenders inside the jail and prison to serve their sentence by
the court were institutional programs are applied to reform and rehabilitate criminals for better
individuality.
The community based treatment programs are those programs that are intended to treat
criminal offenders with in the free community as alternative to confinement. It includes all
correctional activities directly addressed to the offender and aimed at helping him to become a
law-abiding citizen.
Bureau of Prison was renamed Bureau of Correction under Executive Order 292. The
Administrator Code of 1987 passed during the Aquino Administration. It states that the head of
the Bureau of Correction is the Director of prisons who is appointed by the President of the
Philippines with the confirmation of the commission of Appointment.
The Bureau of Correction has general supervision and control of all national prisons or
penitentiaries. It is charged with the safekeeping if all insular prisoners confined therein or
committed to the custody of the problem.
Do you know: The Bureau of Prison had a ship, the BUPRI, which transported goods and
prisoners to all penal establishments in the country?
Director and Assistant Director of the Bureau the Bureau is headed by the Director of Corrections
who is assisted by two (2) Assistant Directors, one for Administration and Rehabilitation and one
for Prison and Security. The Director and Assistant Directors of the Bureau shall be appointed by
the President of the President of the Philippines upon recommendation of the Secretary.
a. Act as adviser of the Secretary on matters relating to the formulation and execution of
penal policies, plans, programs and projects;
b. Administer and execute the laws relating to prisons and its inmates and enforce the rules
and regulations governing the operations and managements of prisons;
c. Exercise administrative supervision of prisons;
d. Recommend to the Board of Pardon inmate who are qualified for the grant of parole,
pardon and other forms of executive clemency;
e. Exercise supervision and control over the constituents units and personnel of the
Bureau; and
f. Issue directives and instruction in accordance with laws, rules, and regulations that will
efficiently govern the activities of the Bureau and its personnel.
Functions of Assistant Director the Assistant Directors shall have the following functions;
a. Assist the Director in the information and implementation of the Bureaus objectives
and policies;
b. Coordinate and ensure the economical efficient and effective administration of the
programs and projects of the Bureau;
c. Assume the duties of the Director in the latters absence; and
d. Perform such other function as may be assigned by the Director
The Correctional system in the Philippines is composed of Six (6) agencies under three (3)
distinct separate executive department of the national government, namely;
1. The Department of Justice under this are the Bureau of Corrections, the Parole and
Probation Administration and the Board of Pardon and Parole.
2. The Department of the Interior and Local Government under this are the Bureau of
Jail Management and Penology which runs the city, municipal and district jail; and the
provincial jails through their provincial government; and
3. The Department of Social Welfare and Development under this is the Bureau of child
Youth Welfare which overseas youth rehabilitation center.
Units
What is Prison?
A building, usually with cells, or other places established for the purpose of taking safe
custody of confinement of criminals
Refers to a penal establishment under the control of Bureau of Corrections and shall include
the New Bilibid Prison, the Correctional Institution for Women, the Leyte Regional Prison and the
Davao, San Ramon, Sablayan and Iwahig Prison and Penal Farms;
Introduction
Corrections in the Philippines stated during pre-colonial times when the task was
community-based. It was only during the Spanish regime that an organized corrective service was
made operational. On November 1, 1905, Reorganization Act No. 1407 was approved creating
the Bureau of Prisons under the Department of Commerce and Police. In the early days of the
Bureau of Corrections (formerly Bureau of Prisons), penal institution were established, closed or
transferred to new sites. These included the Old Bilibid Prison, and Correctional Institution for
Women, Fort Bonifacio Prison, Iwahig Penal Colony (now Iwahig Prison and Penal Farm), San
Ramon Prison and Penal Farm, Davao Prison and Penal Farm, Bontoc Prison, Sablayan Prison and
Penal Farm and Leyte Regional Prison.
Old Bilibid Prison, was the main penitentiary in the early 1900s located in Oroquieta Street in
Manila established in 1847 under Spanish Royal Decree formally opened on April 10, 1866 known
as Carcel y Presidio Correccional. (Correctional Jail and Military Prison occupied a rectangular
piece of land which was part of the Mayhalique Estate in the heart of Manila. It is divided into two
sections the Carcel Section which could accommodate 600 inmates and the Presidio, which could
accommodate 527 prisoners. Due to increasing crime, the Philippine Government enacted
Commonwealth Act. No 67 and a new prison was built in Muntinlupa on 551 hectares of land. In
1940, the prisoners, equipment and facilities were transferred to the new prison. The remnants of
the old facility was used by the City of Manila as its detention center then known as Manila City
Jail. In 1941 the new facility was officially named The New Bilibid Prison.
New Bilibid Prison (NBP) in Muntinlupa City, Rizal, Philippines is the main insular penitentiary
designed to house the prison population of the Philippines. It was constructed in 1936 and formally
opened in 1940 to decongest the Old Bilibid Prison. It is maintained by the Bureau of Corrections
(BuCor) under the Philippine Department of Justice. As a October 2004, it has an inmate
population of 16,747. The penitentiary had an initial land area of 551 hectares.
The projected increase in the prison population prompted the government to plan and
develop a new site for the national penitentiary. Accordingly, Commonwealth Act. No 67 was
enacted, approaching one million pesos for the construction of a new national prison in
Muntinlupa. On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were
transferred to the new site. The new institution had a capacity of 3,000 prisoners and it was
officially named the New Bilibid Prison on January 22, 1941. The prison reservation had an area
of 587 hectares, part of which was arable. The prison compound proper had an area of 300x300
meters or a total of nine hundred hectares. It was surrounded by three layers of barbed wire.
The institution became the maximum security compound in the 70s and continuous to be
so. The camp houses not only death convicts and inmates sentenced to life term, but also those
with numerous pending cases, multiple convicts, and sentences of more than 20 years.
The NBP expanded with the construction of new security facilities. These were the Medium
Security Camp, which was used as military stockade during martial law and the Minimum Security
Camp, whose first site was christened Bukang Liwayway. This was transferred to another site within
the reservation where the former depot was situated.
Several foreign funded projects do the prison reservation, among them, the Halfway House
and the Juvenile Training Center. Both projects are supported by funds from Japan through the
representation of the Interdisciplinary Committee of NAPOLCOM.
The prisoners pass the time in the basketball court in the penitentiarys gymnasium. The
prisoners are also engaged in the production of handicrafts. Various religious organizations are
active in the prison and daily masses are held in the prisons chapel. The New Bilibid Prison also
houses a talipapa (market) where the prisoners can buy commodities educational facilities inside
the compound provide elementary education, high school education, vocational training and adult
literacy programs. It also provides a Bachelor;s Degree in Commerce. Medical services are given by
religious groups and charitable organizations such as the Seventh-day Adventist church, Philippine
Prison Jesuit Service and Caritas Manilla.
SABLAYAN PRISON AND PENAL FARM: Located in Occidental Mindoro and relatively new,
established on September 26, 1945 by virtue of Presidential Proclamation No. 72, the penal colony
has a total land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees arrived in Sablayan on January
15, 1955. Since then several buildings have been constructed, including the colonist dormitories,
employee quarters, guardhouse, schoolhouse, chapel, recreation hall and post exchange.
Three sub-colonies were later organized. One is a reservation which this day remains part
of a protected rainforest. Another is in a coastal area. The third was used by the national
government as a relocation site for refugees from the eruption of Mt. Pinatubo eruption in 1991.
Sablayan prison is a facility where prisoners from NBP are brought for decongestion
purposes. It follows the same colony standards as other penal farms.
LEYTE REGIONAL PRISON: was established on January 16, 1973 situated in Abuyog, Southern
Leyte, was established a year after the declaration of martial law in 1973 under Proclamation No.
1101.
The LRP has an inmate capacity of 500. It follows the same agricultural format as the main
correctional program in addition to some rehabilitation activities. The prison admits convicted
offenders from Region VI and from the national penitentiary in Muntinlupa.
On Febuary 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to
the building especially constructed for them. Its old name, Womens Prison was changed to
Correctional Institution for Women.
CIW occupied 18 hectares. The original structure was a one-story building which housed
the office, the brigades, mess hall, kitchen, chapel, infirmary, bathrooms and employee restrooms.
The building has a central courtyard with trees and flowering plants. The prisoner vocational
activities were expanded to include poultry and piggery as well as cultivation of crops, flowers and
fruits. Living quarters for the institutions employees were later constructed in the compound.
In 2000, a new four story building was constructed by the Department of Public Works
within the grounds of CIW. It eased the growing congestion in the facility. The CIW, with a capacity
for only 200 inmates, had to accommodate 1,0000 inmates.
FORT BONIFACIO PRISON (Presently known as Fort Andres Bonifacio): formerly known as Fort
William McKinley, as a military reservation located in Makati, which was established after the
Americans came to the Philippines. The prison was originally used as a detention center for offender
of US military laws and ordinances.
After the liberation of the Philippines, the reservation was transferred to the Philippine
government, which instructed the Bureau of Prisons to use the facility for the confinement of
maximum security prisoners. For several years, incorrigibles were mixed with political prisoners
(those convicted of rebellion) at the Fort Bonifacio facility until June 30, 1968 riot at the
Muntinlupa facility, however, incorrigible prisoners from Muntinlupa were transferred to Fort
Bonifacio.
During the administration of President Diosdado Macapagal, the Fort was renamed Fort
Andres Bonifacio. The correctional facility was also renamed Fort Bonifacio Prison. The one story
building now stands on a one- hectare area.
The Fort Bonifacio Prison continued to be a satellite prison of the national penitentiary
even after martial law was lifted. It was only in the late 1980s that the facility was vacated by the
Bureau of Prisons.
IWAHIG PENAL COLONY formerly known as Iuhit: established in 1904 in Puerto Princesa City,
Palawan, Philippines was located on the westernmost part of the archipelago far from the main
town to confine incorrigibles with little hope of rehabilitation. This facility was established during
the American. The institution had for its first Superintendent Lt. George Wolfe, a member of the
US expeditionary force, who later became the first prisons director.
A land reservation of 28,072 hectares of land. The land areas expanded to 40,000 hectares
in the late 1950s and expanded again to 41,007 hectares by virtue of Executive Order No. 67
issued by Governor Newton Gilbert on October 15, 1912.
Governor Luke Wright authorized the establishment of a penal colony in the province of
Palawan on November 16, 1904, originally served as a depository for prisoners who could not be
accommodated at the Bilibid Prison in Manila. Through the departments of efforts, of the
Philippine Commission of the United States government passed Act. No 1723 in 1907 classifying
the settlement as a penal institution.
Under the supervision of Col. John R. White of the Philippines Constabulary, who would
become superintendent of Iwahig in 1906, the colony became a successful settlement. A merit
system was devised for the prisoners and vocational activities were offered. These included farming,
fishing, forestry, carpentry and hospital paramedical work. Prisoners could choose the vocational
activities they wanted.
In 1955, Administrative Order No. 20. This order allowed the distribution of colony lands
for cultivation by deserving colonists. The order also contained a list of qualifications for colonists
who wished to apply for a lot to cultivate, the conditions for the settlers stay in his land, loan
requirements and marketing of the settlers produce. Lots granted did not exceed six hectares.
On August 16, 1959, a committee was created by President Carlos P. Garcia to study the
state of national prisons. Accordingly, prisoners in Iwahig were divided into two groups; the settlers
and colonists. The settlers are those engaged in farming for their own benefit; they are the ones
whose applications for land to cultivate have been approved. The government furnished the land
and initial requirements for tools, dwelling and beast of burden. They are required to reimburse
expenditures incurred for their maintenance and that of their families out of the products of their
farms. Upon their release from the colony, they receive whatever amount of money they have
credited in their favor, after deducting the obligations they have.
San Ramon Prison And Penal Farm: was established in Southern Zamboanga facing the Jolo
Sea on August 21, 1870 through a royal decree promulgated in 1869. Established during the tenure
of Governor Ramon Blanco (whose patron saint the prison was named after), the facility
established for a person convicted of political crimes.
Considered the oldest penal faculty in the country, prisoner in San Ramon were required
to do agricultural work.
During the Spanish-American War in 1898, the prisoner in San Ramon were hastily released
and the buildings destroyed. In 1970, the American administration re-stablished the prison farm. In
1912, Gen. John Pershing, chief executive of the Department of Mindanao and Sulu, classified the
institution as a prison and penal colony and therein confined people sentenced by the courts under
his jurisdiction. After several years, the colony became practically self-supporting, with 75, 000
coconut trees, which were planted at the beginning of Gen. John Pershings administration,
contributing to the colonys self-sufficiency. Aside from coconuts, rice, corn, papaya and other
crops were also cultivated.
In 1995, Congresswomen Maria Clara Lobregat proposed the transfer of San Ramon Prison
to Bongiao town, in the mountainous area of Zamboanga, to give way to a special economic zone.
DAVAO PENALTY COLONY: was formally established on January 21, 1932 by virtue of Act No.
3732. The Davao Penal Colony is the first penal settlement founded and organized under Filipino
administration. The settlement, which originally had an area of approximately 30, 000hectares in
the districts of Panabo and Tagum, Davao del Norte, several committees were created to pick a
suitable site for the penal settlement. In accordance with the recommendation of these committees,
Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931, which reserved a site
for agricultural activities. In 1953, the colony ventured into abacca farming. A few years later, a
new sub colony was founded in Kapalong district.
A carpentry shop was organized within the confines of the facility. For some times, the
shop became a trademark for fine workmanship of furniture made by prisoners. At the time, sales
of handicrafts were done consequence, inmates often had to sell or barter their products.
Who is a Prisoner?
A prisoner who is under the custody of lawful authority. A person, who by reason of his
criminal sentence by a decision or by a decision issued by court, may be deprived of his
penalty or freedom.
A prisoner is any person detained confined in jail or prison for the following reasons; or
convicted and serving in a penal institution.
A person committed to jail or prison a competent authority for any of the following
reasons; to serve after conviction, trial, investigation.
As of 2006, it is estimated that at least 9 million people are currently imprisoned worldwide. U.S.
currently was the largest inmate in the world wide with more than 2million followed by Russia
and China?
2. Sentenced Prisoner- offender who are committed to the jail prison in order to serve their
sentence after conviction by a competent court. They are prisoners under the jurisdiction
of penal institution.
3. Prisoners who are on safekeeping- includes non-criminal offenders who are detained in
order ro protect the community against their harmful behavior. Ex. Mentally deranged
individuals, insane person.
1. Insular or National Prisoner- those sentenced to suffer a term of sentence of 3 years and 1
day to life imprisonment. Those sentenced to suffer a term of imprisonment cited above
but appealed the judgement and unable to file a bond their cases temporary liberty.
2. Provincial Prisoners- those persons sentenced to suffer a term of imprisonment from 6
months and 1 day to 3 years of a fine more than 1, 000 pesos, both; or those detained
therein for preliminary investigation of their cases cognized by the RTC.
3. City Prisoners- those sentenced to suffer a term of imprisonment from 1 day to 3 years or
fine of not more than 1,000 pesos or both. Those detained therein whose cases are filed
with MTC. Those detained therein whose cases are recognized by RTC and under
Preliminary Investigation.
4. Municipal Prisoners- those confined in Municipal Jails to serve an imprisonment from 1 day
to 6 months. Those detained therein whose trials of their cases are pending with the MTC.
Inmates; how classified Inmates shall be classified s to security status and as to entitlement to
prison privileges.
Classification of inmates as to security risk An inmate shall be assigned to any of the following
security groups:
a. Maximum security- this shall include highly dangerous or high security risk inmates
as determined by the Classification Board who required a high degree of control
and supervision. Under this category are---
i. Those sentenced to death;
ii. Those whose minimum sentence is twenty (20) years imprisonment;
iii. Remained inmates or detainees whose sentences is twenty (20) years and
above and those whose sentences are under review by the Supreme Court
or the Court of Appeals;
iv. Those with pending cases;
v. Recidivists, habitual delinquents and escapees;
vi. Those confined at the Reception and diagnostic center;
vii. Those under disciplinary punishment or safekeeping; and
viii. Those who are criminally insane or those with severe personality or
emotional disorder that make them dangerous to fellow inmates or the
prison staff.
b. Medium Security this shall those who cannot be trusted in less secured areas and
those conducted of behavior require minimum supervision. Under this category
i. Those whose minimum sentence is less than twenty (20) years
imprisonment;
ii. Remand inmates or detainees whose sentences are below twenty (20) years;
iii. Those who are eighteen (18) years of age and below; regardless of the case
and sentences;
iv. Those who have two (2) or more records of escapes. They can be classified
as medium security inmates of they have served eight (8) years since they
were recommitted those with one (1) record of escape must serve five (5)
years; and
v. First offender sentenced to life imprisonment. They may be classified as
medium security if have served five (5) years in maximum security prison or
less, upon the recommendation of the Superintendent. Those who were
detained in a city and or provincial jails shall not be entitled to said
classification.
c. Minimum security this shall those who can be reasonably trusted to serve their
sentence under less restriction condition. Under this category are
i. those with a severe physical handicap as certified by the chief medical officer
of the prison;
ii. those who are sixty-five (65) years old and above, without pending case
and whose conviction are not on appeal;
iii. those have served one half (1/2) of their minimum sentence or one-third
(1/3) of their maximum sentence, excluding Good Conduct Time Allowance
(GCTA) as provided in Chapter 4, Part III hereof; and
iv. those whose have only six (60) months to serve before the expiration of
their maximum sentence.
Color of uniform as to security classification - inmates color of the uniform of an inmate shall be
based on his security classification, as follow;
a. Detainee;
b. Third Class inmate one who has either best previously commitment for three (3) or more
times as a sentenced inmate, except those imprisoned for non-payment of a fine those who
had been reduced from a higher class;
c. Second Class inmate one whose known character and credit for work while in detention
earned assignment to this promoted from the second class;
d. Colonists
Colonists the Director may, upon the recommendation of the Classification Board, classify and
inmate who has the following qualification as a colonist:
a. Be at least a first class inmate and has served one (1) year immediately preceding the
completion of the period specified in the following qualification;
b. Has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of
the maximum term of his prison sentence.
a. Credit of an additional GCTA of five (5) days for each calendar month while he retains said
classification aside from the regular GCTA authorized under Article 97 of the Revised Penal
Code;
b. Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty
(30) years;
c. Subject to the approval of the Director, to have his wife and children, or the woman he
desires to marry, live with him in the prison and penal farm. Transportation expenses of
the family going to end the discharge of the colonist from the prison and penal farm shall
be for the account of the government. The family may avail of all prison, facilities such as
hospital, church and school free charge. All the members of the family of a colonist shall be
subjected to the rules governing the prison and penal form.
d. As a special reward to a deserving colonists, the issuance of reasonable amount of clothing,
and ordinarily household supplies form the government commissary in addition to free
subsistence; and
e. To wear civilian clothes on such special occasion as may be designated by the
Superintendent.
Inmates who are spouses husband and wife inmates may be allowed to serve their sentence
together in a prison and penal farm as soon as both are classified as colonist.
Revolution of colonist status the grant of colonist status may, for cause, be revoked at any time
by the Superintended with the approval of the Director.
Youth Offenders as a matter of policy are classified as medium security inmates. Although the
BUCOR in mainly an adult facility, a court in some cases may commit offenders 18 years old and
below if it believes that the offender acted with sufficient discretion.
Mentally Unstable Inmates prisoners suffering from mental illness are housed in a separate
wing in prison hospital commonly referred to as WARD 4. Violent or severe cases are transferred
to the National Center for Mental Health for proper management.
a. Competent Authority refers to the Supreme Court, Court of Appeals, Reginal Trial Court,
Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court,
Sandiganbayan, Military Courts, House of Representative, Senate, Commission on Election,
Bureau of Immigration and the Board or Pardon and Parole;
b. Inmate refers to a national prisoners or one sentence by a court to serve a maximum term
of imprisonment of more than three (3) years or to a time of more than one thousand
pesos (1,000.00) or regardless of the length of the sentence imposed by the court, to one
sentenced for violation of the customs law or other laws within the jurisdiction of the
Bureau of Custom or enforcebly it, or for violation of immigration and elections laws; or
to one sentenced to serve two (2) or more prison sentence in the aggregate exceeding the
period of three (3) years, whether or not he has appealed. It shall also include a person
1. Service of sentence
2. Order of the Court
3. Parole
4. Pardon
5. Amnesty
6. Any other lawful order of competent authority
Approval by Direction of Release An inmate shall only be release by the Superintendent with the
approval of the Director.
Prompt release of Inmate an inmate shall be release without delay. However, before releasing
an inmate who is suffering from a communicable disease or mental derangement, and who cannot
defray the expenses of his treatment, the Superintendent shall take the necessary steps to arrange
for the follow up treatment of the inmate in an appropriate government institution.
Release of foreign National the Director shall notify the Commissioner of Immigration of the
release of an inmate who is foreign national. At least thirty (30) days before the approximate date
of release, the Director shall furnish the Commissioner of Immigration with certified copies of the
court decision in the case of alien inmate, a synopsis of his prison record, and the expected date of
release.
a. Attend or participate in any entertainment or athletic activity within the prison reservation;
b. Read books and other reading materials in the library;
c. Smoke cigar and cigarettes, except in prohibited places;
d. Participate in a civic, religious and other activities authorized by prison authorities; and
e. Receive gifts and prepared food from visitors subject to inspection.
Right of a Detainee a detainee may, aside from the rights and privileges enjoyed by a finally
convicted inmate, wear civilian clothes and to grow hos hair customary style.
Segment 3. Jails
What is a Jail?
It is a place for locking-up of person who is convicted of minor offenses or felonies are to
serve a short sentence imposed upon them by competent court, or for confinement of person who
are awaiting trial or investigation of their cases.
Types of Jails
1. Lock-up Jail is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jail is the type of jail commonly used to detain a convicted criminal offender
to serve sentence less than three year.
3. Workhouses, Jail Farm or Camp a facility that houses minimum custody offenders who
are serving short sentence or those who are undergoing constructive work programs. It
provides full employment of prisoners, remedial services and constructive leisure time
activities.
Provincial Jail
Provincial Jail in the Philippines is not under the jurisdiction of the Bureau of Correction.
They are managed and controlled by the provincial government.
Jail confines detainee whos cases is under trial, preliminary hearing, and under
investigation by the police. It include prisoners convicted by the court to serve less than 3 year,
while prison confines sentenced prisoners who serve more than 3 years to life imprisonment.
Prisoner is a person convicted by the court serving sentenced inside a jail or prison, while
detainee is a person confine for investigation by the police, waiting for trial and safekeeping.
Some inmates adjust to prison by being mean. They are quick to fight and when they fight,
they like wild men (or women). They give no quarter and seem to expect none in return. Other
inmates known that such prisoners are left alone. The mean dude receives frequent and spends
much time in solitary confinement.
The mean dude role is supported by the fact that some prisoners occupy it in prison as they
did when were free. Similarly certain personality types such as the psychopathic, may feel natural
attraction to this role. On the other hand, prison culture supports the role of the mean dude two
ways; (a) by expecting inmates to be tough and (b) through the prevalence of a type of wisdom
which says that only the strong survive inside the prison.
A psychologist might say that the mean dude is acting out against the fact of captivity,
striking out at anyone he or she can. This type of role performance is more common as inmates to
lower security level.
The Hedonist
Some inmates build their lives around the limited pleasure which can be had victim the
confines of prison. The smuggling of contraband, homosexuality, gambling, drug running and other
officially condemned activities provide the center of interest for prison hedonist. Hedonist
generally have an abbreviated view of the future, living only for the now. Such a temporal
orientation is probable characteristics of the personality type of all hedonists and exists in may
persons, incarcerated or not.
The Opportunist
The opportunist takes advantage of the positive experience prison has to offer. Schooling
trade training, counseling and other self-improvement activities are the focal points of the
opportunist is life in prison. Opportunists are the do-gooders of the prison subculture. They are
generally well linked by prison staff, but other prisoners shun and mistrust them because they come
close to accepting the role which the staffs define as model prisoners. Opportunists may also be
religious.
The Retreatist
Prison life is rigorous and demanding. Badgering by the staff and actual or feared assault by
the other inmates may cause some prisoners to attempt psychological retreat from the realities of
imprisonment. Such inmates may experience neurotic episodes, become heavily involved in drug
and alcohol abuse or even attempt suicide. Depression and mental illness are the hallmarks of the
reteatist personality in prison. The best hope for the reteatrist, short for release, is protective
custody combined with the therapeutic counseling.
The Legalist
The legalist is the jail house lawyer. Just like the mean dude the legalist fights confinement.
The weapons in this are not fists or clubs, however, but the legal writ convicts facing long
sentences, with little possibility for early release through the correctional system, are most to the
court in their battle against confinement.
The Radicals
Radical inmates picture themselves as political prisoners. Society, and the successful
conformists who populate it, are seen oppression who have forced criminality upon many good
people through the recreation of a system which distributes wealth and power inequality. The
radical inmate speaks a language of revolution and may be versed in writing of the great
revolutionaries of the past.
The Colonist
Some inmates think of prison as their home. They know the ropes have many friends
inside and may feel more comfortable institutionalized than on the streets. They typically hold
either positions of power of respect (or both) among the inmate population. These are the
prisoners who dont look forward to leaving prison. Most colonizers grow into role gradually and
only after having spent years behind bars. Once released, some colonizers have been known to
attempt new crimes in order to return to prison.
The Religious
Some prisoners profess a strong faith. They be born again Christians, committed Muslims,
or even hare krishnas inmates frequently attend services, maybe form prayer groups, and sometime
ask the prison administration to allocate meeting facilities or create special diets to accommodate
their claim spiritual needs.
While it is certainly true that some inmate have a strong religious faith, staff members are
apt to be suspicious of the overly religious prisoners. The tendency it to such prisoners as faking
it in order to demonstrate a fictitious rehabilitation and thereby gain sympathy for an early release.
The Realists
The realist is a prisoner who sees confinement as a natural consequence of criminal activity.
Time spent in prison is an unfortunate costs of doing business this stoic attitude towards
incarceration generally leads the realists to pull his or her own time and to make the best of it.
Realists tend to know the inmate code, are able to avoid trouble and continue in lives of crime
once released.
The Dictator
Some officers go by the book; others go beyond it, using prison rules to enforce own brand
of discipline. The guard who demand sign of inmates subservience, from constant use if the word
sir of maam to frequent free shoeshine, is one year of dictators. Another goes beyond legality
beating or making inmates even for minor infractions or perceived insults. Dictator guards are
bullies. They find their counterpart in the mean dude
Dictator guards may have personalities and gain ego satisfaction through the feeling of near
omnipotence which came from then total control of others. Some maybe fundamentally insecure
and employ a false bravado to hide their fear of inmates. Officers who fit the dictator category are
the most likely to be for targeted for vengeance should control of the institution temporary revert
to the inmates.
The Friend
Friendly officers try to fraternize with inmates. They approach the issue of control by trying
to be one of the guys. They seem to believe that they can win inmates cooperation by being
nice. Unfortunately, such guards do not recognize that fraternization quickly leads to unending
request for special favors-from delivering mail to bending minor prison rules. Once a few rules
have been bent the officer may find that inmates have hand through the potentials for blackmail.
Many officers have amicable relationships with inmates. In most cases, however, affability
is only a convenience, which both sides recognize can quickly evaporate. Friendly officers, as the
term as being used here; are overly friendly. They may be young and inexperienced. On the other
hand, they may simply be possessed of kind and idealistic personalities built on successful friendship
in free society.
The Merchant
Contrabands could not exist in any correctional facility without the merchant officers. The
merchant participates in the inmate economy, supplying dugs, pornography, alcohol and
sometimes even weapon to inmates who can afford to pay for them. Probably only a very few
officers consistently perform the role of merchant; although a far larger proportion may
occasionally, turn a few dollars by smuggling some item through the gate. Low salaries create the
potential for mercantile corruption among many otherwise straight arrows officer. Until salaries
rise substantially, the merchant will remain an institutionalized feature of most prisons.
The Turkey
The turkey officers care little for goes in the prison setting. Officers who fit his category may
be close to retirement, or they may be alienated from their jobs for various reason. Low pay, the
view that inmates are basically worthless and incapable of changing, and the monotonous ethics
of doing time all combines to number the professional consciousness of even young officers.
The term turkey comes from prison argot where it means a guard who is there just to
open and shut doors and who cares about nothing other than getting his or her shift. Inmates do
not see the turkey as threat nor is such an officer likely to challenge the status quo in institutions
where merchant guards operate.
The Climber
The climber is apt to be a young officer with an eye for promotion. Nothing seems
impossible to the climber, who probably hopes eventually to be warden or program director or
to hold some high status position within the institutional hierarchy. Climbers are likely to be
involved in schooling, corresponding courses, and professional organizations. They may lead a
movement toward unionization for correctional personnel and tend to see guards role as
profession which could receive greater social reorganization.
Climbers have many ideas. They may be heavily involved in reading about the latest
confinement or administrative technology. If so, they will suggest many ways to improve prison
routine, often to the consternation of other complacent staff members. Like the turkey, climbers
turn a blind eye toward inmates and their problems. They are more concerned with improving
institutional procedures and with their own than they are with the treatment to day-to-day control
of inmates.
The Reformer
The reformer is the do-gooder among officers, the person who believes that prison should
offer opportunities for personal change. The reformer tends to lend a sympathetic ear to the
personnel need of inmates and is apt to offer arm-chair counseling and suggestions. Many
reformers are motivated by personal ideals and some of them are highly religious. Inmates tend to
see the reformer guards as nave, but harmless. Because the reformer actually tries to help, even
when helps is unsolicited, he or she is the most likely of all guard type to be accepted by prisoners.
Diversification
Is the principle of separating homogenous type of prisoners requires special treatment and
custody. Separation can be done through proper classification of inmates.
a. By a building special institutions for different classed of prisoners which is more desirable
since it provides proper segregation of groups and more effective execution of the
treatment program, or ;
b. Providing separate facilities within a single institution itself, that is big institution may
be broken into smaller units.
It can be done either building special institution for different classes of prisoners through
proper segregation of inmates that is big institutions can be broken into smaller units.
Aims of Diversification
1. Age offenders who are under 18 years of age should be segregated from the other group.
This is to prevent these youthful offenders from becoming hardened criminals from
associating with the more incorrigible group of adult offenders.
2. Sex female prisoners should be kept in segregate institution away from the male prisoners,
for the protection of the offenders of the weaker sex. Special building for women may
either located on the same site with the mens prison, or in a different site or location from
that of the mens prison.
3. Medical or Mental Condition mentally abnormal, sexual deviates, physically handicapped
and hospital patient need to be segregate from the prison population because each of one
of these groups of prisoners require special kind of treatment different from ordinary able
bodied offender. The general tone of institution for those requiring continued long term
treatment for chronic condition will be that of a hospital with a medium security feature.
Segregation of Prisoners
1. Proper segregation of male and female prisoner shall be maintained in the prison or
jail.
2. As much as practicable be made for the segregation of the following;
a. Sentence prisoners
b. Detention prisoners
c. Juvenile offenders
d. Habitual delinquent and recidivists
e. Sexual deviates
f. Physical handicapped
g. Mentally abnormal or insane
Admission an inmate shall be admitted in the Reception and Diagnostic Center of a prison upon
presentation of the following documents:
Admission Process after registration, the inmate shall be made in an area that is physically
separated from the general prison population.
If the inmate brings in any drug or medicine, the medical officer on duty shall decide on its
disposition.
Quarantine upon admission in the Reception and Diagnostic Center, an inmate shall be place in
quarantine for at least five (5) days during which he shall be
Assignment of Inmate after the quarantine period, the inmate shall remain in the Reception and
Diagnostic Center for a period not exceeding fifty five (55) days where he shall undergo
psychiatric, psychological, sociological, vocational and religious and other examinations. The
results of said examinations shall be the basis for the inmates individualized treatment program.
Thereafter, he shall be assigned to a prison facility as may be recommended by the Chief of the
Reception and Diagnostic Center.
Inmate Record the Reception and Diagnostic Center shall keep a complete record of an inmate
which shall include the inmates personal circumstances; a brief personal, social and occupational
history the result of the inmate interview and initial security classification.
Orientation takes place with in the first few days in the center which consists in:
1. Giving the prisoners a booklet of rules and regulations and explaining the rules to them.
2. Conducting group meeting of the center to explain to the inmates the available treatment
programs and the purpose of these treatment programs.
3. Holding sessions with the members of the centers staff to explain what the inmates should do
in order to profit most from their experiences.
It is a process of determining the needs and requirement of those for whom correction has
been ordered and for assigning them to program according to their needs and existing resources.
Is to develop and realistic program for prison life where rehabilitation program of the
prisoner is carried out.
1. Diagnosis the prisoner case history is taken and his personality studied. Through
examination and observation, the RDCs staff determines the nature and extent of the
persons criminality and the extent to which he may be rehabilitated.
2. Treatment Planning this is the foundation of a tentative treatment program best suited to
the needs and interest of an individual prisoner, based on the finding of the RDCs staff.
3. Execution of Treatment Program this is the application of the treatment program and
policies by the classification committee.
4. Re-Classification the treatment program kept current with the inmates changing needs
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 the
first classification until the inmate is released.
Staff Conference
Also called the guidance or case conference where the prisoners, after undergoing all the
test, interview and examinations, appear before the Centers staff in conference to plan out
with him his tentative program of treatment and training. After every member of the staff have
his report, the body votes on what program, religious program, medical and psychiatric services
and social service.
Admission Summary the written report submitted by centers staff regarding their findings
on the prisoner are complied and forms the admission summary which becomes the nucleus of
the cumulative case history of the prisoners.
1. It is used by the classification committee as guide in carrying out the rehabilitation program
the prisoner in the operating institution.
2. It is used by the parole office as guide in parole program planning and parole supervision.
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.
Nine (9) Functions assigned to the (RDC) Reception and Diagnostic Center
1. To examine each offender for contagious disease and treat and immunize them against such
disease.
2. To conduct an orientation program and provide inmates with expiratory vocational
experience in order to deep them profitably occupied.
3. To collect and study the social history of each offenders.
4. Administer achievement, personality and intelligent test to determine his capabilities and
potentialities.
5. To evaluate his emotional make-up by means of psychiatric interview and observations.
6. To hold periodic classification meetings to review each individuals case and final decisions.
7. To make recommendation for the treatment, custody and transfer to a suitable institution.
8. To conduct follow-up work to insure that the recommendation are carried out and
9. To conduct research studies which will contribute to a better understanding of the causes
of crime, prevention of delinquency and the rehabilitation of offenders.
1. Psychiatrist
2. Psychology
3. Sociology
4. Vocational counselor
5. Educational counselor
6. Chaplain / priest
7. Medical officer
8. Custodial correctional officer
Psychiatrist a person in the examination of the prisoner mental and emotional make-up.
Psychologist a person responsible to conduct study on the character and behavior of the prisoner.
Sociologist a person responsible to study the social case situation of the individual prisoner.
Vocational Counselor to test the prisoner special abilities interest and skills and recommends for
the vocational course best suited to the prisoner.
Educational Counselor conduct orientation classes in order to change inmate attitudes toward
education and recommends educational program for the prisoner.
Chaplain / Priest encouraged the prisoners to participate in religious activities and to bring their
life close to God.
Medical Officer conduct physical examination and recommends medical treatment of prisoner.
Custodial Correctional Officer recommends the transfer and type of custody of inmates.
Every correctional institution has a Classification Board tasked to classify and reclassify
inmates according to their security requirement, work assignment and treatment program plan. It
constitutes as follows;
Security Officer
Chaplain
Guidance Counselor
This is a unit of the prison or a section of the RDC where the prisoner is given through
physical examination including blood test, X-rays, inoculation, and vaccinations for the purpose of
insuring that the prisoner is not suffering from ant contagious diseases, which might be transferred
to the prison population.
Segment 6. Diversion
What is Diversification?
Implies halting or suspension formal criminal proceeding against person who has violated
a stature, in favor or proceeding through a non-criminal disposition.
Disadvantages of Diversion
1. Diversion by court given a dangerous degree of discretion to the judiciary since there are
no stablished guidelines.
2. It could be subverted by individuals in the system to serve purely personal objectives.
3. The possibility of screening out serious offenders instead of the lesser offenders for whom
diversion is more appropriate.
Advantages of Diversion
1. Prevention
2. Control of contraband
3. Maintenance of good order
Custody
Defined as the guarding of penal safekeeping, it involves security measures, looking and
counting routine, procedure for searching prisoners and their living quarters and prevention of
contraband.
Concept of Custody
Control involves supervision of prison to insure punctual and orderly movement to from
the dormitories, place of work, church, hospitals, recreational facilities, in accordance with daily
schedule.
Control
Is the systematic measures taken in ensuring that the movement of inmates are in
accordance with standing policies, rules and regulations granted by the court authorities of
administrations at all times.
It involves supervision of prisoners to insure punctual and orderly movement to and from
the dormitories, place of work, church, hospitals, recreational facilities, in accordance with daily
schedule.
Prison Discipline
Is a continuing state of good order and behavior? It includes the maintenance of good
standards of work, sanitation, safety, education, personal health and recreation.
The main objective of prison discipline is to inculcate habit, attitudes and values that will
make the prisoner a peaceful and useful member of society upon his release.
Is a warrant issued by court bearing its seal and the signature of the judge, directing the jail
or prison authorities to receive the convicted offender for the service of sentence imposed therein;
a. Detention Mittimus an order issued by the court addressed to a jailer or prison officer to
commit an offender for custody subject to the order of said court.
b. Sentence Mittimus an order issued by the court addressed to the jail or prison officer
directing him to admit a convicted prisoner to serve a term of imprisonment.
It is deemed to be in due form when it bears the signature of the judge and the impression
or dry/wet seal of the court.
1. Behavioral Report includes bad acts and attitude as well as exceptionally good works
habits and attitudes.
2. Misconduct Report carries every violation of law or rules and every case included is
in investigated and heard by the board.
Pending investigation and adjudication of the case, the prisoner may be placed in
confinement (segregated), although not in punishment status, if a.) the case is so serious to warrant
it, or b.) there is danger that the offender will duly influence witnesses.
Status in inmate as affected by appeal (BUCOR) pending an appeal, the status of an inmate shall
be changed. Whenever upon appeal, the sentence of an inmate is reduced to a maximum term of
imprisonment of less than three (3) years or to a fine that does not exceed one thousand
(1,000.00), the inmate shall be transferred to the custody of the Bureau of Jail Management and
Penology or to the Provincial Government concerned for service of sentence.
In such case, the maintenance of the convict shall be transferred to the appropriate jail institutions
from the date of judgement of the higher court and shall not be retroactive.
Who may grant Good Conduct Time Allowance (GCTA) the Director may grant GCTA to an
inmate who displays good behavior and who has no record of breach of discipline or violation of
prison rules and regulations.
Effect of GCTA The good conduct of behavior of an inmate shall entitle him to the following
deductions from the period of his sentence:
a. During the first two (2) years of his imprisonment, he shall be allowed a deduction of five
(5) days of each month of good behavior.
b. During the third to the fifth years, inclusive, of his imprisonment, he shall be allowed a
deduction of eight (8) days for each eight (8) days of each month of good behavior.
c. During the following years until tenth year, inclusive, of his imprisonment, he shall be
allowed of a deduction of ten (10) days for each month of good behavior; and
d. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen (15) days of each month of good behavior.
Computation of GCTA calendar months and years are considered reference to sentences and time
served, while thirty (30) days constitute a month in computing GCTA credits.
GCTA of Detainee a detainee shall only be granted GCTA if he voluntary offer in writing to
perform such labor as may be assigned to him. In such a case, the credit he may receive shall be
deduced form sentence as may be imposed upon him if he is convicted.
GCTA of Life Termer an inmate sentence to life imprisonment shall not be granted GCTA while
his sentence is on appeal.
Revocation of GCTA GCTA once granted shall not be revoked without just cause.
Restoration of GCTA the GCTA which an inmate is deprived of because of misconduct may be
restored at the discretion of the Director upon the recommendation of the misconduct may be
restored at the discretion of the Director upon the recommendation of the Superintendent.
Special Time Allowance for Loyalty a deduction of one-fifth (1/5) of the period of his sentence
shall be granted to an inmate who, after evading the service of his sentence on the occasion of a
disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or using a
mutiny in which he has not participate, give himself up voluntarily to the authorities within forty-
eight (48) hours.
Chapter 5
1. To return the prisoner to society with a more wholesome attitude toward living.
2. To conduct themselves as good citizens.
3. To give them knowledge and develop their skills to maintain themselves and their
dependents through honest labor.
These are programs conductive to change behavior in morale by training prisoners for a
useful occupation for a useful occupation. It is purposely to eliminate idleness on the part of
prisoners, which may contribute to Prison Stupor, and it affects the incidence of Prison riot.
4. Unassignable prisoners who nearly to leave the institution, awaiting transfer, those in
disciplinary status, and those who are chronically ill with mental disabilities are
considered unassignable prisoners. Female prisoners shall be assigned to work on job
suitable to either age, sex and physical condition. Prisoners over 60 years of age maybe
excused form hard work.
The purpose of this program is to change the attitude of inmates by inculcating religious
values of belief.
Function of Chaplain:
The only program that is conducted during free schedule with the following objective:
Activities of recreation may include athletic/sport, music and arts, social games, special activities on
special events, etc.
Objective of Counseling
Objective of Casework
It is used by the program specifically designed and given to a prisoner, during a limited
period, prior to his release, in order to give him an opportunity to adjust himself from the regiment
group like in prison to the normal independent life of an individual.
Prison Labor of finally convicted inmate a finally convicted able bodied inmate may be required
to work at least eight (8) hours a day, except on Sunday and legal holidays, in and about the
prison, public buildings, roads, and other public works of the national government. In the interest
of the service, however, they may be required to work on excepted days.
Prison Labor of Detainee a detainee may not be required to work in prison. However, he may
be made to police his cell and perform such other labor as may be deemed necessary for hygienic
of sanitary reason.
Agreement of detainee to abide by rules imposed on finally convicted inmate upon his admission,
the detainee shall be informed that he may be credited in the service of his prison sentence with
the full time during which how may have undergone preventive imprisonment if he agrees in
writing to abide by the same disciplinary rules and imposed on convicted previously twice or more
times of any crime.
Limitation of Punishments Imposed to Offenders (sec.3 Par. D Rule XIV BJMP Manual)
1. No female offenders shall be subjected to any disciplinary punishment that may affect her
unborn or nursing child.
2. No handicapped offender shall be made to suffer a punishment that might affect his health
or physical well-being.
3. Corporal punishment, confinement in dark-ill-ventilated cells and any other form or cruel,
unusual, inhumane, or degrading punishment are absolutely prohibited.
4. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affect the
health of the offender, medical examination shall be conducted to determine his physical
fitness to serve his punishment.
5. The jail shall visit the inmates undergoing punishment when necessary and shall advise the
warden if he recommends the termination of the punishment on grounds of physical and
mental health.
Instrument of restraint such as handcuffs, leg iron and straight jacket are not to be applied as a
form of punishment. They shall be used as a precaution against escape or on the grounds of medical
precautions to prevent the offenders from injuring himself or others.
Special offenders include women offenders, drug addicts, alcoholics, mentally ill person,
and sex deviates. However special methods of treatment shall be made as the following:
Female Offenders
The womens quarterly be fully separated from the mens quarters and no men shall be
allowed to enter the womens quarter. Female jail staff members must do all handling and
supervision of female prison. Only works suitable to their sex age and physical conditions should
be assigned to them.
They must be controlled through segregation and close supervision, the medical shall make
special treatment medication, measure should be taken to enable the offender to follow strictly the
physicians advice, constant search must be conducted to the quarters or cell foe seizure of narcotics
and dangerous drug addicts, and liquor transfer of the inmates to the appropriate government or
private authority for their special treatment.
Chapter 6
The BJMP exercise supervision and control over all cites and municipal jails throughout the
country. The enactment of Republic Act No. 6975 created the BJMP. It operates as a line bureau
under the Department of the Interior and Local Government (DILG).
A. Powers
The bureau shall exercise supervision and control over all district, city and municipal jails
to ensure a secured, clean, sanitary and adequately equipped jail for the custody and
safekeeping of city and municipal prisoners, any fugitives from justice or person detained
awaiting investigation or trial and or transfer to the National Penitentiary, and any violent,
mentally ill person who endangers himself of the safety of others.
B. Functions
1. Formulate policies and guidelines on the administration of all district, city and
municipal jails nationwide.
2. Formulate and implement policies for the program of correction, rehabilitation and
treatment of offenders.
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the
improvement of jail services throughout the country.
C. Organization and key position in the BJMP;
The BJMP, also referred to as the Jail Bureau, was created to section 60. R.A 6975, and
initially consisting of uniformed personnel and members of the Jail Management and
Penology Service as constructed under P.D No. 765
The Bureau shall be headed by Chief with the rank of Director, and assisted by a Deputy
Chief with the rank of Chief Superintendent.
The Central Offices the command and Staff HQ of the Jail Bureau composed of 3 command
groups, 6 coordinating, Staff Divisions, 6 Special Staff and 6 Personnel staff group namely;
REGIONAL OFFICE:
At the Regional level, each Region shall a designated Assistance Regional Director for
Administration and Operation.
PROVINCIAL LEVEL:
In the Provincial level, where there are large cities and municipalities, a District Jail with
subordinates jail, headed by District Warden may be established as necessary.
In the City and Municipal level, a city or municipal warden shall each jail.
A. Warden
Is responsible for the direction, coordination and control of the personnel, the inmates and the
programs of the institution. He is responsible for the safety, security, discipline and the well-being
of his men as well as the prisoners/detainees and sees to the efficient functioning of the institution.
This team gather, collect, and submits intelligence information to the warden on matters
pertaining to jail conditions; plot or plan by prison that may threaten the safety of personnel
and/or disturbed the normal functioning of the institution, and those that would lead to the
eventual capture of escaped prisoners. It is tasked with the investigation of all reported cases of
violation of law and the rules and regulations.
This section inspects the jail facilities, the personnel and prisoners/detainees and submit report
of deficiencies note. It helps the Warden in the maintenance of discipline, not only of the personnel
but the inmate as well.
This office is tasked with the maintenance of good public relations to obtain the necessary and
adequate support of the public.
B. Assistant Warden
The principal assistance of the warden. He kept himself informed to be able to assume
commend effectively during the wardens temporary absence. As a Chairman of the Classification
Board and Disciplinary Board, he hears cases of erring inmates and to recommend corresponding
disciplinary actions thereto. He also performs functions inherent to this position as the wardens
principal assistant.
C. Administration Groups
The administration group takes changes of all administrative functions of the Jail Bureau.
The disciplinary Board for Jail is a board that is and maintained with in our local jail for
the purpose of hearing disciplinary cases involving violation of jail rules and regulations by the
inmates.
The disciplinary board is the authority that can impose disciplinary punishment such as;
a. Reprimand
b. Temporary or permanent cancellation of privileges in jail (visiting privileges, recreational
privileges and other privileges)
c. Extra-fatigue of assignment to disciplinary squads for manual labor.
d. Those confine in a cell or solitary confinement, which shall not exceed seven days in any
calendar month. This punishment shall be imposed only in the case if incorrigible inmate
when other disciplinary measures had been proven ineffective.
The warden tasks the board to investigate the facts regarding the alleged misconduct
referred to it. It holds sessions as often as necessary in a room that may be provided for the purpose.
All cases referred to it must be heard and decide within 48 hours from the receipt of the cases.
This group provides service and assistance to prisoners and their families to enable them to
serve their individual needs and problems arising from the prisoner confinement.
a. Medical and Health Service Branch provides medical and physical examination of inmates
upon confinement, treatment of sick inmates and conduct medical and physical
examinations and provides medicine or recommends for the hospitalization of seriously ill
prisoners or inmates. It also conducts psychiatric and psychological examinations.
b. Work and Education therapy Services it take change of the job and education programs
needed for rehabilitation of inmate by providing them job incentives so they can earn and
support for their families while in jail.
c. Socio Cultural Service it takes care of the social of the social case work study of the
individual prisoners by making interviews, home visits, referral to community resources,
free legal service, and liaison works for the inmate.
d. Chaplain Services it takes charge of the religious and moral upliftment of the inmates
though services. This branch caters to all religious sects.
e. Guidance and Counseling Service responsible for the individual and group counseling
activities to help inmates solve their individual problems and to help them lead a
wholesome and constructive life.
Provide the system of sound custody, security and control of inmate and their movement,
it enforces and maintain inmates discipline.
a. Escort/Subpoena Platoon
Escort Section produce inmates under proper guard to the fiscals office, court, etc. upon
proper summons. It is tasked with the transfer of prisoners from one institution to another
upon proper order of the court or authority.
Subpoena Section receives, distributions and/or serve subpoena, notes, order, summons
and other processes directed to inmates confined on jail.
Subpoena Ducestecum a process by which the court at the instance of a party commands
a witness who has in his possession or control some document or paper that is pertinent to
the issues of a pending controversy, to produce it the trial.
b. Security Platoon a three (3) working platoon shifts responsible for over-all security of the
jail compound including gates, guard posts and towers. They are also responsible for the
admitting and releasing unit.
Anti-Riot Squad
a. Initiative of Anti-riot
To disperse and get the leader with the use of shields, headgears, gas mask and
batons.
b. Back-up Force
To support the first group with the use of tear gas grenade.
c. Trained Personnel in the Proper Handling of Firearms
They are armed personnel who are ready to shoot when the lives of the guards of
inmates are in peril order of the officer in command.
Primary Duties of Escort Guards escort guards shall exercise extreme caution at all times and shall
to see to it that the inmate does not
a. Escape
b. Converse with unauthorized persons
c. Obtain forbidden articles, especially intoxicants or weapons
d. Annoy passerby; and
e. Suffer harm or humiliation
Distance of Guards from Inmates if escorting a group of inmates, a guard shall keep a distance
not less than ten (10) paces form his charge. Upon arrival at the destination, he shall station himself
at a vantage point where all the inmates are within sight and can be properly controlled.
When on board a ship or boat, the group of inmates shall be positioned in the most secure
part of the vessel and shall be required to sit down. The guard shall station himself at strategic
points himself at a strategic point where they can effectively respond. An inmate shall not be
allowed to stand up or move about until the vessel is ready to dock, except when the guard needs
to have a clear view of the point and starboard passages.
Basic Escort Procedure an escort guard shall strictly observe the instructions written at the back
of the inmates pass and the purposes and destination of the escort mission. These include, but not
are limited, to the following:
a. While a transit, the inmate shall not be allowed to stop at the place or contact any person
until the destination is reached.
b. The inmate shall at all times be place under proper restraint example: handcuffs. However,
the same shall be removed when the inmate enters the courtroom.
c. The inmate shall return to the prison facility immediately after the purpose of the pass has
been served.
d. The use of privately-owned vehicle in transporting an inmate is prohibited.
Escort Procedure for Court Appearance in escort duties for court hearing the Superintendent shall
provide at least two (2) guards for every inmate. However, when two or more inmates are to be
escorted, the number of guards may be reduced proportionately without sacrificing security
requirements. If an inmate is notorious or has a previous record of escape, additional escort guards
shall be assigned.
Turnover of Inmate to Local Jail a guard assigned to escort an inmate for court hearings who
cannot return to be prison of origin on the same day shall request the court to issue an order
turning over the inmate to the nearest provincial / city jail or police detention cell. The escort guard
shall not stay in a private dwelling or hotel with the inmate.
Acknowledgement of Turnover of Inmate upon turning the inmate over to an authorized officer
at the destination, the escort-in-charge shall secure an acknowledgement receipt for the custody of
the inmate. This shall certify bear the name of the receiving officer, his designation and the date
and the time the inmate was received.
A deduction of one fifth of the period of his sentence shall be granted to any prisoner who having
evaded the service of his service under circumstances mentioned in art. 158 of the RPC, gives himself
up to the authorities within 48 hours following the issuance of a proclamation announcing the
passing away of a clamity or catastrophe such as earthquake, conflagration, mutiny and etc.
(Art.125, RPC), a felony committed by a public officer or employee who shall detain any person
for some legal ground and shall fail to deliver such person to the proper judicial authorities with
in the period of:
The crime of arbitrary detention is committed when the detention of a person is without legal
ground. The legal grounds of detention are: a) commission of crime and b) violent insanity and
other ailment requiring compulsory requirement.
Elements:
The prisoners may be detainee or sentenced prisoner and the offender is an outsider. If the
offender is public officer or private person who has the custody of the prisoner and who help a
prisoner under his custody to escape, the felony is conniving with or consenting to evasion
(Art.223) and Escape of a prisoner under the custody of a person not a public officer.
This offense like other offenses of similar nature may be committed through imprudence or
negligence.
Elements:
This felony is qualified when the evasion takes place by breaking doors, windows, gates, roofs,
or floors; using picklocks, false key, disguise, deceit, violence, intimidation or connivance with
other convicts or employees of the penal institution. (Jail breaking is synonymous with evasion of
sentence).
The effect of this is, the convicts may suffer the unexpired portion of his original sentence.
A felony committed by any public officer who shall consent to the escape of prisoner in his
custody or change.
A felony committed by a public officer when the prisoner under his custody of charge
escaped through negligence.
Escape of prisoner under the custody of a person not a public officer (Art.225, RPC)
Elements:
The felony of Physical Injuries is committed if the accused does not have the charge of a
detained prisoners and he maltreats him. And if the purpose is to extort a confession, Grave
Coercion will be committed.
Adopted by the first UN Congress on the Prevention of crime and the treatment of
offenders, held at Geneva in 1995, and approved by the 663 C (XXIV) of 31 July 2075 (LXII) of
13 May 1977.
Appendix A
This act shall be known as the Bureau of Fire Protection and Bureau of Jail Management
and Penology Professionalization Act of 2004.
The BJMP shall be respectively headed by a chief who shall be assisted by (2) deputy chiefs, one
(1) for administration and one (1) for operations, all of whom shall be appointed by the President
upon recommendation of the Secretary of the DILG from among the qualified officers with at least
the rank of Senior Superintendent in the service: Provided, that in no case shall any officer who
has retired or is retirable within sex (6) months from his/her compulsory retirement age be
appointed as Chief of the Jail Bureau, as the case may be, Provided further, that the Chief of the
Jail Bureau shall serve a tour of duty not to exceed four (4) years: Provided, however, that in times
of war or other national emergency declared by Congress, the President may extend such tour of
duty.
The Heads of the BJMP with the rank of Director shall have the position title of Chief of the Jail
Bureau, respectively. The second officers in command of the BJMP with the rank of Chief
Superintendent shall have the position title of Deputy Chief for Administration of the Jail Bureau,
respectively. The third officer in command of the BJMP with rank of Chief Superintendent shall
have the position title of Deputy Chief for Operation of the Jail Bureau, respectively. The fourth
officer in command of the BJMP with rank of Chief Superintendent shall have the respective
position title of Chief of Directorial Staff of the jail Bureau, who shall have assisted by the directors
of the directorates in the respective national headquarters office with at least the rank of Senior
Superintendent.
The BJMP shall establish, operate and maintain their respective regional offices in each of the
administrative regions of country which shall be respectively headed by a Regional Director of Jail
Management and Penology with the rank of Senior Superintendent: Assistant Regional Director for
Administration, Assistant Director for Operations and Regional Chief Directorial Staff.
Qualification and Standards in the Appointment of Uniformed Personnel to the BJMP No person
shall be appointed as uniformed personnel of the BJMP unless he/she possesses the following
minimum qualifications:
Provide, that a new applicant must less than twenty one (21) nor more than (30) years of age:
except for this particular provision, the above enumerated qualification shall be continuing in
character and an absence of any one of them at any given time shall be ground for separation or
retirement from the service: Provided further, that the uniformed personnel who are already in the
service upon the effectivity of this Act shall be given five (5) years to obtained he minimum
educational qualification and one (1) year to satisfy the weight requirement.
After the lapse of time of period for the satisfaction of a specific requirement current uniformed
personnel of the BJMP who will fail to satisfy any of the requirements enumerated under this
section shall be separated from the service if they are below (50) years of age and have served in
the government for less than (20) years, or retired if they are age fifty (50) above and have served
in the government for at least (20) years without prejudice in their case to the payment of benefits
they may be entitled to under existing laws.
(a) Jail Officer 1 Senior Jail Officer IV appointed by respective Regional Director for Jail
Management and Penology for the regional office uniformed personnel or by the Chief of
the Jail Bureau for the National Headquarters office uniformed personnel, and attested by
the Civil Service Commission (CSC);
(b) Jail Inspector to Fire/Jail Superintendent appointed by the respective Chief of the Jail
Bureau, as recommended by their immediate superiors, and attested by the (CSC).
(c) Jail Senior Superintendent appointed by the Secretary of DILG upon recommendation of
the respective Chief of the Jail Bureau, with the proper attestation of the CSC; and
(d) Jail Chief Superintendent. Jail Director appointed by the President upon recommendation
of the Secretary of the DILG, with proper endorsement by the chairman of the DILG, with
proper endorsement by the Chairman of the CSC.
Lateral Entry of Officer into the BJMP in general, all original appointment of officers in the Jail
Bureau shall commence the rank of jail inspector wherein applicants for entry into the BJMP shall
include all those with highly specialized and technical qualifications such as, but not limited to, civil
engineers, mechanical engineers, electrical engineers, chemist, architects, criminologists, certified
public accountants, nurses, physical therapists, while applicants for lateral entry into the BJMP shall
include all those with highly specialized and technical qualifications such as, but not limited to,
social workers, psychologists, teachers, nurses, dentist and engineers. Doctor of Medicine, members
of the Philippine Bar and chaplains shall be appointed to the rank of jail inspector in their particular
technical service. Graduate of the Philippine National Police Academy (PNPA) shall automatically
appointed to the initial rank of jail inspector.
(a). No person shall be designated to the following key positions of the BJMP unless he/she met
the qualification provided therein:
(1). Municipal Jail Warden should have a rank of Chief Inspector, who have finished at least
second year Bachelor of Laws or earned at least twelve (12) units in a master degree program in
management, public administration, public safety, criminology, penology, sociology, national
security administration, defense studies, or other related disciplines from a recognized institution
of learning, and must have satisfactory passed the necessary training or career course for such
position as may be established by the Jail Bureau;
(2). City Jail Warden should have the rank of Chief Inspector, who must have finished at the last
second year Bachelor of Laws or earned at least twenty four (24) units in master degrees program
in management, public administration, public safety, criminology, penology, sociology, national
security administration, defense studies or related disciplines from a recognized institution of
learning and must satisfactory passed the necessary training or career courses for such position as
may be established by the Jail Bureau: Provided, that in city jails with a population of one thousand
(1,000) or more inmates, the city jail warden shall the rank and qualification of a district jail
warden.
(3). District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for
Administration, Assistant Reginal Director for operations and Regional Chief of Directorial Staff
should have the rank of senior superintendent, who must be graduate of bachelor of laws of a
holder of a master degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other related discipline
from a recognized institution of learning, and must satisfactory passed the necessary training or
career courses for such position as may be established by the Jail Bureau;
(4). Regional Director for Jail Management and Penology and Director of the Directorate of the
National Headquarters Office should have the rank of Senior Superintendent, who must be
graduate of Bachelor of Laws or a holder of a master degrees in management, public
administration, public safety, criminology, penology, sociology, national security administration,
defense studies or other related discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such position as may be established
by the Jail Bureau;
(5). Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of the Bureau
and Chief of Directorial Staff of the Jail Bureau should have the rank of senior superintendent,
who must be a member of the Philippine Bar or a holder of master degrees in management, public
administration, public safety, criminology, penology, sociology, national security administration,
defense studies or other related discipline from a recognized institution of learning and must
satisfactory passed the necessary training or career courses for such position as may be established
by the jail bureaus; and
(6). Chief of the Jail Bureau should have the rank of Director, who must be a member of
Philippine Bar or a holder of a master degrees in management, public administration, public safety,
criminology, sociology, penology, national security administration, defense studies or other related
discipline from a recognized institution of learning and must satisfactory passed the necessary
training or career courses for a such position as may be established by the Jail Bureau.
Any uniformed personnel of the BFP and the BJMP who is currently occupying such position but
lacks any of the qualifications mentioned therein shall be given three (3) years upon the effectivity
of this Act to comply with the requirements, otherwise he/she shall relieve from the position.
The DILG shall design and established a professionalization and qualifications upgrading program
for uniformed personnel of the BJMP in coordination with the CSC and the Commission on Higher
Education (CHED) though an off-campus education program or other similar programs within
ninety (90) days.
Attrition System for the Uniformed Personnel of the BJMP within one (1) year from the effectivity
of this Act to be submitted by said Bureaus to the DILG for Approval. Such attrition system shall
include, but is not limited to, the provision of the following principles:
(a). Attrition by Demotion in Position or Rank any uniformed personnel of BJMP who is relived
and assigned to the position lower than that is established for his/her grade in his respective staffing
pattern of the Jail Bureau, and who shall not be assigned to a position commensurate to his/her
grade within two (2) years after such demotion in position shall be separate or retired from the
service;
(b). Attribution by Non Promotion any uniformed personnel of the BJMP who has not been
promoted for a continuous period of ten (10) years shall be separated or retired from the service,
except for those who are occupying a third-level position
Attrition by other Means any uniformed personnel of the BJMP with at least five (5) years of
accumulated active service shall be separated from the service based on any of the following
factors:
1) Inefficiency based on poor performance during the last two (2) successive semestral ratings
period;
2) Inefficiency based on poor performance for three (3) cumulative semestral rating period;
The system of promotion shall be based on the, merits and on the availability of vacant ranks
in the BJMP staffing pattern. Such system shall be gender-fair so as to ensure that women
personnel of the Jail Bureau shall enjoy equal opportunity for promotion as to men;
There shall be established a performance evaluation system which shall be administered with
accordance with the rules, regulations and standards, and a code of conduct for the uniformed
personnel of the BJMP to be promulgated by the Jail Bureau through the DILG. Such performance
evaluation system shall be administered in such a way as to foster the improvement of the
individual efficiency and behavioral discipline as well as the promotion of organization
effectiveness and commitment to service.
The rating system as contemplated herein shall be based on standard prescribed by the Jail Bureau
through the DILG and shall be consider the result of the annual psychiatric/psychological and
physical test conducted on the uniformed personnel of the BJMP.
Standardization of the Base Pay, Retirement and other Benefits of the Uniformed Personnel of the
BJMP
In order to enhance the general welfare, commitment to service and professionalism of the
uniformed personnel of the BJMP. The rate of the base pay of the uniformed personnel of the
BJMP shall be adjusted in accordance with the following salary grade schedule:
Implementation The implementation of this Act shall be undertaken in staggered phases, nut not
so exceed three (3) years
Implementation Rules and Regulation the DILG in coordination with the BJMP, the CSC, the
Department of Budget and Management (DBM), and the Department of Finance (DOF) shall,
within ninety (90) days from the effectivity of this Act.
Annual Report the BJMP through the DILG and the DBM shall jointly submit to the President of
the Senate and the Speaker of the House of Representative an annual report on the implementation
of this Act. This report shall include information on the application of the budget for the salary and
other benefits provided under this Act.
Appendix B
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR
THAT PURPOSE THE RIVISE PENAL LAW, AND FOR OTHER PURPOSES (Note: This act is no
longer applicable only included to determine that act that are punishable by death penalty under
this provision)
The Constitution, Specifically Article III, Section 19 Paragraph (1) thereof, states Excessive fines
shall not be imposed nor cruel, degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving heinous crime, the Congress hereafter
provide for it.
The crime punishable by death under this Act are heinous for being grievous, odious and hateful
offenses and which, by reason of their inherent or manifest wickedness, atrocity and perversity are
repugnant and outrageous to the common standards and norms decency and morality in just,
civilized and ordered society;
Due to the alarming upsurge of such crimes which has resulted not only in the loss of human lives
and wanton destruction of property but also affected the nations effort toward sustainable
economic development and prosperity while at the same time has undetermined the peoples faith
in the Government and the latters ability to maintain peace and order in the country;
The Congress, in the interest of justice, public order and the rule of law, and the need to
rationalized and harmonize the penal sanctions for heinous crimes, finds compelling reasons to
impose the death penalty for said crimes;
Now,therefore
Declaration of Policy it is hereby declared the policy of state to foster and ensure not only
obedience to its authority, but also to adopt such measures as would effectively promote the
maintenance of peace and order, the protection of life, liberty and property, and the promotion
of general welfare which are essential for the enjoyment by all the people of the blessings of
democracy in a just and humane society;
Art. 122. Piracy in general and mutiny on the high seas or in the Philippine waters
Destructive Arson
Rape
Republic Act No. 7080 (An act Defining and Penalizing the Crime of Plunder)
Republic Act No. 6539, as amended, known as the Anti Carnapping Act of 1972
When and how the death penalty is to be executed the death sentence shall be executed with
preference to any other shall consists in putting the person under sentenced to death by
electrocution. The death sentence shall be executed under the authority of the Director of Prison,
endeavoring so far as possible to mitigate the suffering of the person under the sentence during
electrocution as well as during the proceeding prior to the execution.
as soon as facilities are provided by the Bureau of Prisons, the method of carrying out the sentence
shall be changed to gas poisoning.
The death sentence shall be carried out not later than one (1) year after the judgment has become
final
Suspension of the Execution of the Death Sentence - the death sentence shall not be inflicted upon
a woman while is pregnant or within one (1) year after delivery, nor upon any person over seventy
years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion
perpetua with the accessory penalties provide in Article 40.
In all cases where the death sentence has become final, the rcords of the case shall be forwarded
immediately by the Supreme Court to the office of the President for possible exercise of the
pardoning power.
An Act Designating Death by Lethal Injection as a Method of Carrying out Capital Punishment,
Amending for the Purpose of Article 81 of the Revised Penal Code, As Amended by Section 24 of
Republic Act No. 7659, On March 20, 1996, Republic Act No. 8177 was signed into law.
The death sentence shall be executed with preference to any other penalty and shall consist
in putting the person under the sentence to death by lethal injection. The death sentence shall be
executed under the authority of the Director of the Bureau of Corrections endeavoring so for as
possible to mitigate the suffering of a person under the sentence during the lethal injection as well
as during the proceedings prior to the execution.
The Director of the Bureau of Corrections shall take step to ensure that the lethal injection
to be administered is sufficient to cause the instantaneous death of the convict.
Pursuant to these all personnel involved in the administrations of lethal injection shall be
trained prior to the performance of such task.
The authorized physician of the Bureau of Correction after though examination, shall
officially make a pronouncement of the convict death and shall certify thereto in the records of the
Bureau of Corrections.
The death sentence shall be carried out not earlier than one (1) year nor later than eighteen
months after the judgment has become final and executory without prejudice to the exercise by
the President of his executive clemency powers at all times.
Person already sentenced by judgment, which has become final and executory, who are
waiting to undergo the death penalty by the electrocution of gas poisoning, shall be under the
coverage of the provision of this Act upon its effectivity. Their sentence shall be automatically
modified for this purpose.
Appendix C
OBJECTIVES These rules seek to ensure the orderly and humane execution of the death penalty
by lethal injection.
PRINCIPLES The following principle shall be observed in the implementation of these rules:
PRISON SERVICE - subject to the availability of resources, a death convict shall enjoy the following
services and privileges to encourage and enhance his self respect and dignity:
CONFINEMENT whenever practicable, the death convict shall be confined in an individual cell
in a building that is exclusively assigned for the use of death convict. The convict shall be provided
with a bunk, a steel/wooden bed or mat, a pillow or blanket and mosquito net.
RELIGIOUS SERVICES subject to the security conditions, a death convict may be visited by the
priest of minister of his faith and given such available religious materials which he may require.
MEAL SERVICES meals shall, whenever practicable, be served individually to a death convict
inside his cell. Mess utensil shall be made of plastic. After each meal, said utensils shall be collected
and accounted.
VISITATION a death convict shall be allowed to be visited by his immediately family and
reputable friends at regular intervals and during designated hour subject to security procedures.
LIST OF VISITORS a list of persons who may visit a death convicts shall be complied and
maintained by the prison authorities. The list may include the members of the convict immediate
family such as his parents, step parents, brother and sisters, wife or husband and children. The list
may, upon the request of the convict, include his grandparents, aunts, uncles, in-laws and cousins.
Other visitors may, after investigation, be included in the list if it will assist in raising the morale of
the convicts.
INTERVIEW OF THE CONVICTS television, radio and other interviews by media of a death
convicts shall not be allowed.
OUTSIDE MOVEMENT a death convict may be allowed to leave his place of confinement only
for diagnosis of his life-threatening situation or treatment of a serious ailment, if he diagnosis cannot
be done or the treatment provided in the prison hospital.