Correctional Administration

Alcatraz - a US federal penitentiary, Often referred to as "The Rock", the small island of alcatraz was
developed with facilities for a lighthouse, a military fortification, a military prison (1868), and a federal
prison from 1933 until 1963.

Alexander Maconochie - was a Scottish naval officer, geographer, and penal reformer. He is known as
the Father of Parole.

His 2 Basic Principle of Penology

1. As cruelty debases both the victim and society, punishment should not be vindictive but should aim at
the reform of the convict to observe social constraints, and
2. A convict's imprisonment should consist of task, not time sentences, with release depending on the
performance of a measurable amount of labour.

Auburn Prison - Constructed in 1816 ,(opened 1819) it was the second state prison in New York, the site
of the first execution by electric chair in 1890. It uses the silent or congregate system.

Banishment - a punishment originating in ancient times, that required offenders to leave the community
and live elsewhere, commonly in the wilderness.

BJMP - (Bureau of Jail Management and Penology) government agency mandated by law (RA 6975) to
take operational and administrative control over all city, district and municipal jails. It takes custody of
detainees accused before a court who are temporarily confined in such jails while undergoing
investigation, waiting final judgement and those who are serving sentence promulgated by the court 3
years and below.

- created Jan. 2, 1991.

- Charles S. Mondejar - 1st BJMP chief.
- BJMP chief tour of duty, must not exceed 4 years, maybe extended by President. Grounds:
1. In times of war
2. other national emergencies.
- Senior superintendent - the rank from which the BJMP chiefis appointed. This is the rank of the BJMP
Directors of the Directorates in the National Headquarters. This is also the rank of the Regional Director
for Jail Management and Penology.
- Chief of the BJMP - Highest ranking BJMP officer. Appointed by the President upon recommendation of
DILG Secretary. Rank is Director.
- BJMP Deputy Chief for Administration - the 2nd highest ranking BJMP officer. Appointed by the
President upon recommendation of the DILG Secretary. Rank is Chief Superintendent.
- BJMP Deputy Chief for Operations - the 3rd highest ranking BJMP officer. Appointed by the President
upon recommendation of the DILG Secretary. Rank is Chief Superintendent.
- BJMP Chief of the Directorial Staff - the 4th highest BJMP officer. Appointed by the President upon
recommendation of the DILG Secretary. Rank is Chief Superintendents.

Borstal - a custodial institution for young offenders.

Borstal System - rehabilitation method formerly used in Great Britain for delinquent boys aged 16 to 21.
The idea originated (1895) with the Gladstone Committee as an attempt to reform young offenders. The
first institution was established (1902) at Borstal Prison, Kent, England.

Branding - stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned
into the skin of a living person, with the intention that the resulting scar makes it permanent as a
punishment or imposing masterly rights over an enslaved or otherwise oppressed person.

Bridewell Prison and Workhouse - was the first correctional institution in England and was a precursor
of the modern prison. Built initially as a royal residence in 1523, Bridewell Palace was given to the city of
London to serve as the foundation for as system of Houses of Correction known as “Bridewells.” These
institutions, eventually numbering 200 in Britain, housed vagrants, homeless children, petty offenders,
disorderly women, prisoners of war, soldiers, and colonists sent to Virginia.

Bridewell Prison and Hospital - was established in a former royal palace in 1553 with two purposes: the
punishment of the disorderly poor and housing of homeless children in the City of London.

Bureau of Corrections - has for its principal task the rehabilitation of national prisoners, or those
sentenced to serve a term of imprisonment of more than three years.

- has 7 prison facilities

- 1 prison institution for women
- 1 vocational training centre for juveniles.
- Classification Board - classifies inmates according to their security status.
 Page 2 of 12
Reviewer on Correctional Administration

- Reception and Diagnostic Centre - (RDC) receives, studies and classifies inmates committed to Bureau
of Corrections.
- Board of Discipline - hears complaints and grievances with regard to violations of prison rules and
regulations.
- Iwahig Penal Farm - established in 1904 upon orders of Gov. Forbes, then the Sec. of Commerce and
police.
- New Bilibid Prison - established in 1941 in Muntinlupa Camp Bukang Liwayway - minimum security
prison. Camp Sampaguita - medium security prison
- Davao penal Colony - established jan 21, 1932 (RA 3732)
- Sablayan Penal Colony and Farm - established Sept.27, 1954 (Proclamation No.72) location:Occidental
Mindoro
- Leyte Regional Prison - established Jan.16, 1973
- Old Bilibid Prison - First Penal Institution in the Phil. designated as insular penitentiary by Royal Decree
in 1865.

Burning at Stake - a form of ancient punishment by tying the victim in a vertical post and burning
him/her.

Cesare Beccaria - an Italian criminologist, jurist, philosopher and politician best known for his treaties On
Crimes and Punishments (1764), which condemned torture and the death penalty, and was a founding
work in the field of penology and the Classical School of criminology

Charles Montesquieu - a french lawyer, who analyzed law as an expression of justice. He is famous for
his articulation of the theory of separation of powers, which is implemented in many constitutions
throughout the world.

Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”), Justinian I the collections of laws
and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian I from AD
529 to 565.

Commitment Order - is an act of sending a person to prison by means of such a warrant or order.

Correctional Administration - the study and practice of a system of managing jails and prisons and
other institutions concerned with the custody, treatment and rehabilitation of criminal offenders.

Corrections - describes a variety of functions typically carried out by government agencies, and involving
the punishment, treatment, and supervision of persons who have been convicted of crimes.

Death Row - refers to incarcerated persons who have been sentenced to death and are awaiting
execution.

Deterrence - as contended by Cesare Beccaria, proponent of the classical theory, that punishment is to
prevent others from committing crime.

Director Charles S. Mondejar - the first Chief of BJMP. He took his oath of office on July 1 of 1991.

District Jail - is a cluster of small jails, each having a monthly average population of ten or less inmates,
and is located in the vicinity of the court.

Draco - was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the prevailing
system of oral law and blood feud by a written code to be enforced only by a court.

Ducking Stool - a chair fastened to the end of a pole, used formerly to plunge offenders into a pond or
river as a punishment.

Dungeon - a dark cell, usually underground where prisoners are confined.

Elmira Reformatory - located in new York, was originally a prison opened to contain Confederate
prisoners of war during the Civil War. It became known as a “death camp” because of the squalid
conditions and high death rate in its few years of operation. Established 1876.

Elmira System - An American penal system named after Elmira Reformatory, in New York. In 1876
Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira
Reformatory for young felons. The Elmira system classified and separated various types of prisoners,
gave them individualized treatment emphasizing vocational training and industrial employment, used
indeterminate sentences.

Ergastulum - is a Roman prison used to confine slaves. They were attached to work benches and forced
to do hard labor in period of imprisonment.
 Page 3 of 12
Reviewer on Correctional Administration

Exemplarity - the criminal is punished to serve as an example to others to deter further commission of
crime.

Expiation - (Atonement) execution of punishment visibly or publicly for the purpose of appeasing a social
group. Expiation is a group vengeance as distinguished from retribution.

First Women's Prison - opened in Indiana 1873. Based on the reformatory model.

Four Classes of Prisoners

1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to
death;
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years;
3. City prisoner – one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.

Flogging - (Flog) beat (someone) with a whip or stick as a punishment.

Fred T. Wilkinson - last warden of the Alcatraz prison.

Galley - a low, flat ship with one or more sails and up to three banks of oars, chiefly used for warfare or
piracy and often manned by slaves or criminals.

Goals of Criminal Sentencing

1. Retribution
2. Punishment
3. Deterrence
4. Incapacitation
5. Rehabilitation
6. Reintegration
7. Restoration

Golden Age Of Penology - 1870 - 1880

Guillotine - an ancient form of capital punishment by cutting the head.

Halfway House - a center for helping former drug addicts, prisoners, psychiatric patients, or others to
adjust to life in general society.

Hammurabi's Code - an ancient code which contain both civil and criminal law. First known codified law
prior to Roman law. Better organized and comprehensive than biblical law. One of its law is lex taliones
(an eye for an eye)

Hedonism - the ethical theory that pleasure (in the sense of the satisfaction of desires) is the highest
good and proper aim of human life.

Hulk - an old ship stripped of fittings and permanently moored, especially for use as storage or (formerly)
as a prison.

Impalement - (Impaling) a form of capital punishment, is the penetration of an organism by an object

such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often the central
body mass. Killing by piercing the body with a spear or sharp pole.

Institutional Corrections - refers to those persons housed in secure correctional facilities.

Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or serving
short-term sentences

Gaol - old name/term of jail.

Three Types of Detainees

1. Those undergoing investigation;
2. those awaiting or undergoing trial; and
3. those awaiting final judgment

Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial
 Page 4 of 12
Reviewer on Correctional Administration

James V. Bennett - was a leading American penal reformer and prison administrator who served as
director of the Federal Bureau of Prisons (FBOP) from 1937 to 1964. He was one of the strongest
advocates in the movement in persuading Congress to close Alcatraz and replace it with a new
maximum-security prison, eventually successful in 1963 when it closed.

January 2, 1991 - the Bureau of Jail Management and Penology was created thru Republic Act 6975 as
a line Bureau under the Department of Interior and Local Government.

Jean Jacques Villain - pioneered classification to separate women and children from hardened
criminals.

Jeremy Bentham - a prison reformer, believed that the prisoner should suffer a severe regime, but that it
should not be detrimental to the prisoner's health. He designed the Panopticon in 1791.

John Howard - a philanthropist and the first English prison reformer.

Justice - crime must be punished by the state as an act of retributive justice, vindication of absolute right
and moral law violated by the criminal.

lapidation - (Stoning) the act of pelting with stones; punishment inflicted by throwing stones at the victim.

Lex Taliones - an eye for an eye, a tooth for a tooth.

Lockups - Suspects usually stay in a lockup for only 24 to 48 hours. A suspect may later be transferred
from the lockup to the jail.

Mamertine Prison - was a prison (carcer) located in the Comitium in ancient Rome. It was originally
created as a cistern for a spring in the floor of the second lower level. Prisoners were lowered through an
opening into the lower dungeon.

Mark System - developed in Australia by Alexander Maconochie, whereby credits, or marks, were
awarded for good behaviour, a certain number of marks being required for release.

Mittimus - is a process issued by the court after conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused, in accordance with the terms of the judgment.
Mittimus is often attached on the commitment order issued by the court whenever the convict is to be
transferred to prison for service of sentence.

Mortality rate - A measure of the frequency of deaths in a defined population during a specified interval
of time.

Mutilation or maiming - an ancient form of punishment, is an act of physical injury that degrades the
appearance or function of any living body, sometimes causing death.

National Prisons Association - was organized in Cincinnati in 1870.

Neo-Classical - children and lunatics should not be punished as they cannot calculate pleasure and pain.

Classical Theory - pain must exceed pleasure to deter crime. All are punished regardless of age, mental
condition, social status and other circumstances.

Positivist Theory - criminal is a sick person and should be treated and not punished.

Eclectic - it means selecting the best of various styles or ideas.

Newgate Prison - not a real prison but an abandoned copper mine of Simsbury Connecticut. Inmates are
confined underground (Black hole of horrors).

Operational capacity - the number of inmates that can be accommodated based on a facility's staff,
existing programs, and services.

Panopticon - a prison design, allowed a centrally placed observer to survey all the inmates, as prison
wings radiated out from this central position.

Parole - refers to criminal offenders who are conditionally released from prison to serve the remaining
portion of their sentence in the community.

Parole and Probation Administration (PPA) - was created pursuant to Presidential Decree (P.D.)
No.968, as amended, to administer the probation system. Under Executive Order No. 292, the Probation
 Page 5 of 12
Reviewer on Correctional Administration

Administration was renamed as the Parole and Probation Administration, and given the added function of
supervising prisoners who, after serving part of their sentence in jails are released on parole or granted
conditional pardon. The PPA and the Board of Pardons and Parole are the agencies involved in the non-
institutional treatment of offenders.

Penal Management - refers to the manner or practice of managing or controlling places of confinement
such as jails and prisons.

PD No. 603 - was promulgated to provide for the care and treatment of youth offenders from the time of
apprehension up to the termination of the case. Under this law, a youth offender is defined as a child,
minor or youth who is over nine years but under eighteen years of age at the time of the commission of
the offence.

Pennsylvania and New York - pioneered the penitentiary movement by developing two competing
systems of confinement. The Pennsylvania system and the Auburn system.

Pennsylvania System - An early system of U.S. penology in which inmates were kept in solitary cells so
that they could study religious writings, reflect on their misdeeds, and perform handicraft work.(Solitary
System).

Auburn System - An early system of penology, originating at Auburn Penitentiary in New York, under
which inmates worked and ate together in silence during the day and were placed in solitary cells for the
evening.(Congregate System)

Penology - a branch of Criminology that deals with prison management and reformation of criminals.

Poene (latin) - penalty

Logos (latin) - science

Pillory - a wooden framework with holes for the head and hands, in which offenders were formerly
imprisoned and exposed to public abuse.

Prison - which refers to the national prisons or penitentiaries managed and supervised by the Bureau of
Corrections, an agency under the Department of Justice.

Prison Hulks - (1776-1857) were ships which were anchored in the Thames, and at Portsmouth and
Plymouth. Those sent to them were employed in hard labour during the day and then loaded, in chains,
onto the ship at night.

Prison Reform - is the attempt to improve conditions inside prisons, aiming at a more effective penal
system.

Probation - Probation in criminal law is a period of supervision over an offender, ordered by a court
instead of serving time in prison.

John Augustus - Father of Probation. Augustus was born in Woburn, Massachusetts in 1785. By 1829,
he was a permanent resident of Boston and the owner of a successful boot-making business.

Father Cook - a chaplain of the Boston Prison visited the courts and gained acceptance as an advisor
who made enquiries into the circumstances of both adult and juvenile offenders

Provincial Jail - under the office of the Governor. Where the imposable penalty for the crime committed
is more than six months and the same was committed within the municipality, the offender must serve his
or her sentence in the provincial jail.

Where the penalty imposed exceeds three years, the offender shall serve his or her sentence in the penal
institutions of the Bureau of Corrections.

Punishment - the infliction or imposition of a penalty as retribution for an offence.

Quakers - (or Friends, as they refer to themselves) are members of a family of religious movements
collectively known as the Religious Society of Friends. Many Quakers have worked for reform of the
criminal justice systems of their day. Quakers believe that people can always change: their focus has
been on reforms that make positive change more likely, such as increased opportunities for education,
improved prison conditions, help with facing up to violent impulses, and much else.

William Penn - founder of the Province of Pennsylvania, the English North American colony and the
future Commonwealth of Pennsylvania.was the first great Quaker prison reformer. In his ‘Great
Experiment’ in Pennsylvania in the 1680s he abolished capital punishment for all crimes except murder.
He also stated that ‘prisons shall be workhouses,’ that bail should be allowed for minor offences’, and ‘all
 Page 6 of 12
Reviewer on Correctional Administration

prisons shall be free, as to fees, food and lodgings’. He provided for rehabilitation, as he stipulated that
prisoners should be helped to learn a trade, so that they could make an honest living when they were
released.

John Bellers - (1654-1725) was the earliest British Friend to pay serious and systematic attention to
social reform. He pleaded for the abolition of the death penalty, the first time this plea had been made. He
argued that criminals were the creation of society itself and urged that when in prison there should be
work for prisoners so that they might return to the world with an urge to industry.

Elizabeth Fry - (1780-1845) was the most famous of Quaker reformers, though others were equally
influential in raising public awareness. Reforms such as the separation of women and children from men
and the development of purposeful activity of work or education came about through pressure from
informed people.

RA 6975 - sec.60 to 65, created the BJMP.

Rank Classification of BJMP

Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Jail Officer IV
Senior Jail Officer III
Senior Jail Officer II
Senior Jail Officer I
Jail Officer III
Jail Officer II
Jail Officer I

RA 10575 - The Bureau of Corrections Act of 2013.

Rack - a form of torture or punishment wherein pain is inflicted to to the body through stretching.

Rated Capacity - the number of beds or inmates assigned by a rating official to institutions within the
jurisdiction.

Reformation - the object of punishment in a criminal case is to correct and reform the offender.

Reformatory Movement - The reformatory movement was based on principles adopted at the 1870
meeting of the National Prison Association.

The reformatory was designed:

a. for younger, less hardened offenders.
b. based on a military model of regimentation.
c. with indeterminate terms.
d. with parole or early release for favorable progress
in reformation.

Rehabilitation - to restore a criminal to a useful life, to a life in which they contribute to themselves and to
society.

Retribution - punishment inflicted on someone as vengeance for a wrong or criminal act.

Security Level - A designation applied to a facility to describe the measures taken, both inside and
outside, to preserve security and custody.

The simplest security level categorization is:

a. maximum
b. medium
c. minimum

Maximum - security facilities are characterized by very tight internal and external security.

Common security measures include: (Maximum)

- A high wall or razor-wire fencing
- Armed-guard towers
- Electronic detectors
 Page 7 of 12
Reviewer on Correctional Administration

- External armed patrol

- A wide, open buffer zone between the outer wall or fence
and the community.
- Restrictions on inmate movement
- The capability of closing off areas to contain riots or
disruptions.

Houses the following inmates:

- Those sentenced to death
- Those sentenced with min. 20 years
- Those remanded inmates/detainees with min. 20 years sentence
- Those whose sentences is under review by SC (min.20 years)
- Those whose sentences is under appeal (min.20 years)
- Those with pending cases
- Those who are recidivist

Ultra-Maximum/Super-Maximum Security Prison - house notorious offenders and problem inmates from
other institutions. These institutions utilize: Total isolation of inmates, Constant lockdowns

Medium-security institutions - place fewer restrictions on inmate movement inside the facility.

Characteristics often include:(Medium)

- Dormitory or barracks-type living quarters
- No external security wall
- Barbed wire rather than razor wire
- Fences and towers that look less forbidding

Houses the following inmates:

- Those sentenced to less than 20 years

Minimum-security prisons - are smaller and more open.

They often house inmates who:

- Have established records of good behavior
- Are nearing release

Characteristics often include:(Minimum)

- Dormitory or barracks living quarters
- No fences
- Some inmates may be permitted to leave during the day
to work or study.
- Some inmates may be granted furloughs

Sing Sing Prison - was the third prison built by New York State. It is a maximum security prison.

Sir Evelyn Ruggles Brise - was a British prison administrator and reformer, and founder of the Borstal
system.

Sir Walter Crofton - the director of Irish prisons. In his program, known as the Irish system, prisoners
progressed through three stages of confinement before they were returned to civilian life. The first portion
of the sentence was served in isolation. After that, prisoners were assigned to group work projects.

Stocks - instrument of punishment consisting of a heavy timber frame with holes in which the feet and
sometimes the hands of an offender can be locked.

Three major government functionaries involved in the Philippine correctional system:

1. DOJ
2. DILG
3. DSWD

DOJ - supervises the national penitentiaries through the Bureau of Corrections, administers the parole
and probation system through the Parole and Probation Administration, and assists the President in the
grant of executive clemency through the Board of Pardons and Parole.

DILG - supervises the provincial, district, city and municipal jails through the provincial governments and
the Bureau of Jail Management and Penology, respectively.

DSWD - supervises the regional rehabilitation centres for youth offenders through the Bureau of Child
and Youth Welfare.
 Page 8 of 12
Reviewer on Correctional Administration

Transportation - a punishment in which offenders were transported from their home nation to one of that
nation's colony to work.

Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim Tabularum or Duodecim
Tabulae) was the ancient legislation that stood at the foundation of Roman law. Established basic
procedural rights for all Roman citizens as against one another

Underground Cistern - a reservoir for storing liquids, underground tank for storing water. This was also
used prison in ancient times.

Utilitarianism - a tradition stemming from the late 18th- and 19th-century English philosophers and
economists Jeremy Bentham and John Stuart Mill that an action is right if it tends to promote happiness
and wrong if it tends to produce the reverse of happiness—not just the happiness of the performer of the
action but also that of everyone affected by it.

Voltaire - believes that fear of shame is a deterrent to crime.

Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1st state prison. Inmates labored in
solitary cells and received large doses of religious training.

Workhouses - European forerunners of the modern U.S. prison, where offenders were sent to learn
discipline and regular work habits.

Zebulon Reed Brockway - was a penologist and is sometimes regarded as the Father of prison reform
and Father of American Parole in the United States.

Board of Pardons and Parole - was created pursuant to Act No. 4103, as amended. It is the intent of the
law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty.

Functions
1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of executive clemency;
3. To authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment,
or grant their final release and discharge.

Basis for Grant of Parole

1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live and remain at liberty without
violating the law; and
3. His or her release will not be incompatible with the welfare of society.

How May Executive Clemency Be Exercised?

1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.

Commutation – refers to the reduction of the duration of a prison sentence of a prisoner.

Commutation Allowed When:

1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the death penalty

Absolute Pardon - An act of grace, proceeding from the power entrusted with the execution of the laws,
exempts the individual from the penalty of the crime he has committed.

Conditional Pardon - If delivered and accepted, it is a contract between the executive and the convict that
the former will release the latter upon compliance with the condition.
Example of a condition:
Not to violate any of the penal laws of the country again.

Reprieve - refers to the deferment of the implementation of the sentence for an interval of time; it does not
annul the sentence but merely postpones or suspends its execution

Basis for Grant of Executive Clemency

The BPP recommends to the President the grant of executive clemency when any of the following
circumstances are present:
1. The trial or appellate court recommended in its decision the grant of executive clemency for the
 Page 9 of 12
Reviewer on Correctional Administration

prisoner
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to
the crime committed
3. Offender qualifies as a youth offender at the time of the commission of the offence
4. Prisoner is seventy years old and above;
5. Prisoner is terminally-ill;
6. Alien prisoners where diplomatic considerations and amity among nations necessitate review and
7. Other similar or analogous circumstances whenever the interest of justice will be served thereby

When Applications for Executive Clemency will not be Favourably Acted Upon by The Board of
Pardon and Parole
1. Convicted of evasion of service of sentence;
2. Who violated the conditions of their conditional pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous
Drugs Act of 2002;
6. Convicted of offences committed under the influence of drugs
7. Whose release from prison may constitute a danger to society.

Issues Confronting The Philippine Corrections System

1. Overcrowding of Certain Prison Institutions/Jails
2. Fragmented Set-Up of the Corrections System
3. Lack of Information Technology Systems and Expertise
4. Lack of/Inadequate Training - lack of awareness and understanding by some prison/jail officials and
staff on the rights of inmates.

Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio , consider cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.

Minimum Requirements A Prisoner Must Meet Before Petitions for executive clemency may be reviewed.

For Commutation of Sentence

1. The prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate and/or
definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes
or offenses committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty
(40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No.
7659 and other special laws committed on or after January 1, 1994 and sentenced to one or more
Reclusion Perpetua or Life imprisonment.
5. At least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were
automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment.

For Conditional Pardon

The prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or
definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as defined in
Republic Act No. 7659 and other special laws, he shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence before his case may be reviewed for conditional pardon.

For Absolute Pardon

After he has served his maximum sentence or granted final release and discharge or court termination of
probation. However, the Board may consider a petition for absolute pardon even before the grant of final
release and discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the
petitioner: (1) is seeking an appointive/elective public position or reinstatement in the government service;
(2) needs medical treatment abroad which is not available locally; (3) will take any government
examination; or (4) is emigrating.

Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a period
of one (1) year from the date of their last recommitment to prison or conviction for evasion of service of
sentence.

Bureau of Correction - Where the penalty imposed exceeds three years the offender shall serve his or
her sentence in the penal institutions of the BuCor.

Carpeta - refers to the institutional record of an inmate which consists of his mittimus or commitment
 Page 10 of 12
Reviewer on Correctional Administration

order issued by the Court after conviction, the prosecutor's information and the decisions of the trial court
and the appellate court, if any; certificate of non-appeal, certificate of detention and other pertinent
documents of the case.

District Jail - is a cluster of small jails, each having a monthly average population of ten or less inmates,
and is located in the vicinity of the court.

Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or serving
short-term sentences.

- Jails include provincial, district, city and municipal jails managed and supervised by the Provincial
Government and the Bureau of Jail Management and Penology (BJMP), respectively, which are both
under the Department of the Interior and Local Government.

Municipal and city prisoners are committed to municipal, city or district jails managed by the BJMP.

Prison - refers to the national prisons or penitentiaries managed and supervised by the Bureau of
Corrections, an agency under the Department of Justice.
- prison refers to the national prisons or penitentiaries managed and supervised by the Bureau of
Corrections, an agency under the Department of Justice.

Provincial Jail - Where the imposable penalty for the crime committed is more than six months and the
same was committed within the municipality, the offender must serve his or her sentence in the provincial
jail which is under the Office of the Governor.

Executive Clemency - refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole
Conditions and Commutation of Sentence as may be granted by the President of the Philippines.

Indeterminate Sentence Law

The indeterminate sentence is composed of:
1. a MAXIMUM taken from the penalty imposable under the penal code
2. a MINIMUM taken from the penalty next lower to that fixed in the code.

The law does not apply to certain offenders:

1. Persons convicted of offense punished with death penalty or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of conditional pardon granted to them by the Chief Executive.
8. Those whose maximum term of imprisonment does not exceed one year.
9. Those who, upon the approval of the law, had been sentenced by final judgment.
10. Those sentenced to the penalty of destierro or suspension.

Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of liberty and economic usefulness

- It is necessary to consider the criminal first as an individual, and second as a member of the society.

- The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending
upon his behavior and his physical, mental and moral record as a prisoner, to be determined by the Board
of Indeterminate Sentence.

The settled practice is to give the accused the benefit of the law even in crimes punishable with death or
life imprisonment provided the resulting penalty, after considering the attending circumstances, is
reclusion temporal or less.

ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to imprisonment
exceeding 1 year.

Procedure For Determining The Maximum and Minimum Sentence

- It consists of a maximum and a minimum instead of a single fixed penalty.

- Prisoner must serve the minimum before he is eligible for parole.
- The period between the minimum and maximum is indeterminate in the sense that the prisoner may be
exempted from serving said indeterminate period in whole or in part.
- The maximum is determined in any case punishable under the RPC in accordance with the rules and
provisions of said code exactly as if the ISL had never been enacted.
 Page 11 of 12
Reviewer on Correctional Administration

- Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and
ordinary mitigating circumstances.

- The minimum depends upon the court’s discretion with the limitation that it must be within the range of
the penalty next lower in degree to that prescribed by the Code for the offense committed.

- NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL
because his confinement is not considered imprisonment.

Parole – The suspension of the sentence of the convict after serving the minimum term of the
intermediate penalty, without being granted a pardon, prescribing the terms upon which the sentence
shall be suspended.

- May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons
and Parole under the provisions of the Indeterminate Sentence Law.

Disqualification for Parole - The following prisoners shall not be granted parole:

1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10.Those whose conviction is on appeal;
11.Those who have pending criminal case/s.

Special Factors - The Board may give special consideration to the recommendation for commutation of
sentence or conditional pardon whenever any of the following circumstances are present

1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or
similar disabilities;
4. Serious illness and other life-threatening disease as certified by a government physician;
5. Those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision;
6. Alien prisoners where diplomatic considerations and amity between nations necessitate review;
7. Circumstances which show that his continued imprisonment will be inhuman or will pose a grave
danger to the life of the prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.

Prison Record - refers to information concerning an inmate's personal circumstances, the offense he
committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for confinement, the place of confinement,
the date of expiration of the sentence, the number of previous convictions, if any, and his behavior or
conduct while in prison.

Probation - is a disposition under which an accused, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer.

Progress Report - refers to the report submitted by the Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision.

Infraction Report - refers to the report submitted by the Probation and Parole Officer on violations
committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon while
under supervision.

Summary Report - refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter's final release and discharge.

Sentence - in law, is the penalty imposed by the court in a criminal case against a person, known as the
“accused”, who is found guilty of committing the crime charged.
 Page 12 of 12
Reviewer on Correctional Administration

Youth Offender - is defined as a child, minor or youth who is over nine years but under eighteen years of
age at the time of the commission of the offense.
-------------------------------------------------------------------o0o--------------------------------------------------------------------