Professional Documents
Culture Documents
Reviewer in Correction 1
Reviewer in Correction 1
CORRECTION ADMINISTRATION
I.
PENOLOGY defined:
- The study of punishment for crime or of criminal offenders. It includes the study of
control and prevention of crime through punishment of criminal offenders.
- 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.
- Penology has stood in the past and, for the most part, still stands for the policy of
inflicting punishment on the offender as a consequence of his wrongdoing.
Penal Management:
- Refers to the manner or practice of managing or controlling places of confinement as in
jails or prisons.
CORRECTION defined:
- A branch of the Criminal Justice System concerned with the custody, 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 processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and control.
- It is the study of 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 concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.
Correction as a Process:
- Refers to the reorientation of the criminal offender to prevent him or her from repeating
his deviant or delinquent actions with out the necessity of taking punitive actions but rather the
introduction of individual measures of reformation.
Correctional Administration:
- The study and practice of a systematic management of jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.
II. Correction and the Criminal Justice System
The Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality. It is composed of the pillars of justice such as: the Law
Enforcement Pillar (Police), the Prosecution Pillar, the Court Pillar, the Correction Pillar, and the
Community Pillar.
Correction as one of the pillars of Criminal Justice System is considered as the weakest
pillar. This is because of its 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 or prisons.
Hence, the need of prison management is necessary to rehabilitate inmates and transform them
to become law-abiding citizens after their release.
Correction is the fourth pillar of the criminal justice system. This pillar takes over once the
accused, after having been found guilty, is meted out the penalty for the crime he committed. He
* The Twelve Tables (XII Tabulae), (451-450 BC) represented the earliest
codification of Roman law incorporated into the Justinian Code. It is the foundation of all public
and private law of the Romans 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, the Code of Draco, a harsh code that provides the
same punishment for both citizens and the slaves as it incorporates primitive concepts
(Vengeance, Blood Feuds).
* The Greeks were the first society to allow any citizen to prosecute the offender in the name of
the injured party.
3. The Burgundian Code (500 A.D) specified punishment according to the social class of
offenders, dividing them into: nobles, middle class and lower class and specifying the value of the
life of each person according to social status.
Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane under the influence of the Roman
Law. History has shown that the Roman Empire reached its greatest extent to most of 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(The Revised Penal Code today, 1930) was
introduced by the Spaniards promulgated by the King of Spain. Basically, these laws adopted the
Roman Law principles (Coquia, Principles of Roman Law, 1996).
Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish
Philippines. There were also laws that were written which includes:
a. The Code of Kalantiao (promulgated in 1433) the most extensive and severe law that
prescribes harsh punishment.
b
b. The Maragtas Code (by Datu Sumakwel)
c c. Sikatuna Law
Early Prisons:
Mamertine Prison the only early Roman place of confinement which is built under the
main sewer of Rome in 64 B.C
Other places of confinement in the history of confinement include FORTRESSES,
CASTLES, and TOWN GATES that were strongly built purposely against roving bands of raiders.
The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London
which was built for the employment and housing of English prisoners.
Wulnut Street Jail originally constructed as a detention jail in Philadelphia. It was
converted into a state prison and became the first American Penitentiary.
Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the Philippines was tribal in nature.
Village chieftains administered it. It was historically traced from the early written laws.
In 1847, the first Bilibid Prison was constructed and became the central place of
confienment for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
1. Imprisonment putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time rehabilitating the prisoners by requiring them to
undergo institutional treatment programs.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in
prison for the purpose of gradually re-introducing him/her to free life under the guidance and
supervision of a parole officer.
3. Probation a disposition whereby a defendant after conviction of an offense, the
penalty of which does not exceed six years imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
4. Fine an amount given as a compensation for a criminal act.
5. 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.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution 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. Offenders should be punished because they deserve
it.
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 punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law. Punishment is imposed to warn potential offenders that
they can not afford to do what the offender has done.
4. Incapacitation and Protection the public will be protected if the offender has being
held in conditions where he can not harm others especially the public. Punishment is effected by
placing offenders in prison so that society will be ensured from further criminal depredations of
criminals.
5. Reformation or Rehabilitation it is the establishment of the usefulness and
responsibility of the offender. Societys interest can be better served by helping the prisoner to
become law abiding citizen and productive upon his return to the community by requiring him to
undergo intensive program of rehabilitation in prison.
VI. THE AGE OF ENLIGHTENMENT
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 certain reforms 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:
1. William Penn (1614-1718)
- He fought for religious freedom and individual rights.
- He is the first leader to prescribe imprisonment as correctional treatment for
major offenders.
- He is also responsible for the abolition of death penalty and torture as a form of
punishment.
2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de
Montesiquieu)
- (1689- 1755) A French historian and philosopher who analyzed law as an
expression of justice. He believe that harsh punishment would undermine morality and that
appealing to moral sentiments as a better means of preventing crime.
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Mission of the BJMP: The Jail Bureau shall direct, supervise and control the
administration and operation of all district, city and municipal jails to effect a better system of jail
Management nationwide.
Objectives of the BJMP:
1. To improve the living conditions of the offenders in accordance with the accepted
standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their eventual
reintegration into the mainstream of society upon their release.
3. To professionalize jail services.
Principles of the BJMP:
1. It is the obligation of jail authorities to confine offenders safely and provide
rehabilitative programs that will negate criminal tendencies and restore their positive values to
make them productive and law abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his
ultimate return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be
presumed innocent and his rights, as a free citizen shall be respected, except for such
indispensable restraints during his confinement in the interest of justice and public safety.
4. Offenders are human beings entitled to the same basic rights and privileges enjoyed
by citizens in a free society, except that the exercise of these rights are limited or controlled for
security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of every
person confined in jail and it is the duty of jail facilities to arrange for their treatment subject to
security measures.
6. Members of the custodial force shall set themselves as examples by performing their
duties in accordance with the rules and respect the laws duly constituted by authorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.
8. No jail personnel shall use unnecessary force on offenders except for legitimate selfdefense or in cases of attempted active and passive physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless
in accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical
punishment shall be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need treatment and
counseling and the primary purpose of confinement is for safekeeping and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard for every
7 offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be observed.
In case of high-risk offender that demands extra precaution additional guards shall be employed.
This manning level shall be national in scope for effective jail administration.
Powers, Functions and Organization of the BJMP
A. Powers:
The Bureau shall exercise supervision and control over all districts, 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 fugitive from justice or persons detained awaiting
investigation or trial and/or transfer to the National Penitentiary, and any violent, mentally ill
person who endangers himself or the safety of others.
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B. Functions:
Inline with its mission, the Bureau endeavors to perform the following:
1. Formulate policies and guidelines on the administration of all districts, city and
municipal jails nationwide;
2. Formulate and implement policies for the programs 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 Positions in the BJMP:
The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A.
no. 6975, and initially consisting of uniformed officers and members of the Jail management and
Penology service as constituted under P.D. no. 765.
The Bureau shall be headed by a chief with the rank of Director, and assisted by a
Deputy Chief with the Rank of Chief Superintendent.
The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3
Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff
Groups namely:
1. Command Group
- Chief, BJMP
- Deputy C/BJMP
- Chief of Staff
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit
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Regional Office:
At the Regional Level, each Region shall have a designated Assistant regional
Director for Jail management and Penology.
Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail Administrator to
perform the same functions as the ARDs province wide.
District Office:
In the District Level, where there are large cities and municipalities, a district jail
with subordinate jails, headed by a District warden may be established as necessary.
City and Municipal Office:
In the City and Municipal level, a city or municipal Warden shall head each jail.
Rank Classification of the BJMP:
RANK POSITION/TITLE
DirectorChief of the BJMP
C/ Supt.
Deputy C/BJMP
Sn. Supt.
Asst. Regional Dir.
Supt.
Asst. Regional Dir.
Chief Insp.
Warden
Sn. Insp.
Warden
Inspector
Warden
SJO 4 to
Jail Guards
JO1
APPOINTING AUTHORITY
Secretary of DILG
same
same
same
Under Secretary
same
same
Chief of the BJMP
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B. ASSISTANCE WARDEN
- The office of the Assistant Warden undertakes the development of a systematic process
of treatment.
- Chairman of the Classification Board and Disciplinary Board.
C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.
1. Personnel Management Branch
- Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keep and maintain booking sheets and arrest reports
- Keep an orderly record of fingerprints and photographs
- Present/ Prepare statistical data of inmates
3. Property and Supply Branch
- Take charge of the safekeeping of equipments and supplies
and materials needed for the operation of the jail.
4. Budget and Finance Branch
- Take charge of all financial matters such as budgeting, financing, accounting,
and auditing.
5. Mess Service Branch
- Take charge of the preparation of the daily menu, prepares and cook the food
and serve it to inmates.
6. General Service Branch
- Responsible for the maintenance and repair of jail facilities and equipments. It is
also task with the cleanliness and beautification of the jail compound.
7. Mittimus Computing Branch
- Tasked to receive court decisions and compute the date of the
full completion of the service of sentence of inmates.
Mittimus is a warrant issued by a court directing the jail
or prison authorities to receive the convicted
offender for the service of sentence imposed
therein or for detention.
D. SECURITY GROUPS:
- The security groups provides a system of sound custody, security and control of inmates
and their movements and also responsible to enforce prison or jail discipline.
1. Escort Platoon
a) Escort Section to escort inmate upon order of any judicial
body; upon summon of a court; or transfer to other penal
institutions.
b) Subpoena Section receives and distribute court summons,
notices, subpoenas, etc.
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Probation:
1. It is a judicial function
2. Granted to an offender
Immediately after conviction in prison
3. It is an extension of institutional
treatment program.
3. It is a substitute for
imprisonment.
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2. No person shall be detained solely by reason of his political beliefs and aspirations.
(Sec 18 (1), Art. III)
3. No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. x x x (Sec. 19 (2). Ibid.)
5. The employment of physical, psychological, or degrading punishment against any
prisoner or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt by law.
(Sec.19 (2), Ibid.)
B. The Revised Penal Code
No felony shall be punishable by any penalty not prescribed by law prior to its
commission. (Art. 21, RPC)
C. The Philippine Probation Law (P.D. No. 968)
x x x one of the major goals of the government is to established a more enlightened and
humane correctional system that will promote the reformation of offenders and thereby reduce the
incidence of recidivism.
x x x the confinement of all offenders in prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country.
x x x there is a need to provide a less costly alternative to the imprisonment of the
offenders who are likely to respond to individualized, community-based treatment programs.
D. Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)
1. The purpose of committing a prisoner to prison is two-fold:
a. To segregate from society a person who by his acts has proven himself a
danger to the free community;
b. To strive at the correction or rehabilitation of the prisoner with the hope that
upon his return to society he shall be able to lead a normal well adjusted and self supporting life
as a good and law abiding citizen.
2. There is no man who is all bad and there is something good in all men. (Art. I)
II. Penal Provisions
Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.
(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:
12 hours for crimes or offenses punishable by light penalties,
18 hours for crimes or offenses punishable by correctional penalties,
36 hours for crimes or offenses punishable by afflictive or capital penalties.
The crime of Arbitrary Detention is committed when the detention of a person is without
legal ground.
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The legal ground of detention are : a) commission of a crime and b) violent insanity or
other ailment requiring compulsory requirement.
Delaying Release
This is committed by a public officer or employee who delays for the period of
time specified in Art 125, the performance of any judicial or executive order for the release of a
prisoner or unduly delays the services of the notice of such order to said prisoner.
Delivery of Prisoners from Jail (Art. 156, RPC)
Elements:
a) The offender is a private individual,
b) He removes a person confined in jail or a penal institution or helps in
the escape of such person,
c) The means employed are violence, intimidation, bribery or any other
means.
The prisoner maybe a detention or sentenced prisoner and the offender is an outsider to
the jail. If the offender is a public officer or a private person who has the custody of the prisoner
and who helps 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
(Art. 225) respectively.
This offense like other offenses of similar nature may be committed through imprudence
or negligence.
Evasion of Service of Sentence (Art 157-159, RPC)
1. Evasion of Service under Art 157, RPC
Elements:
a) Offender is a prisoner serving sentence involving deprivation of liberty
by reason of final judgement.
b) He evades the service of his sentence during the term of his
imprisonment.
This felony is qualified when the evasion takes place by breaking doors, windows, gates,
roofs or floors; using picklocks, false keys, disguise, deceit, violence, intimidation or; connivance
with other convicts or employees of the penal institution. (Jail breaking is synonymous with
evasion of sentence).
2. Evasion of Service of Sentence on the Occasion of Disorders due to Conflagrations,
Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
a) Offender is a prisoner serving sentence and is confined in a penal
institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or mutiny in which he has not participated, and
d) He fails to give himself up to the authorities with in 48 hours following
the issuance of a proclamation by the Chief Executive regarding the passing away of the
calamity.