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OPERATIONAL PLANS IN JAILS OR PRISONS

a. Emergency Plans
b. Plans in Case of Jailbreak and Escapes
c. Plans for Violent Disturbances and Riots

1st Group
They composed the initial anti-riot assault team. Their objective is to disperse the
rioters and get their leaders.
2nd group
They serve as the backup force for the first group, for this purpose they are
equipped with tear gas and gas grenades
3rd Group
Composed of guards trained on proper handling and use of firearms. They shall
be ready to fire when the lives of the guards are in peril or on order of the officer in
command.
RIGHTS AND PRIVILEGES OF INMATES
Rights of Inmates
a. To receieve compensation for labor they perform;
b. To be credited with time allowance for good conduct and loyalty;
c. To send and receive mail matters;
d. To practice their religion or observance of their faith;
e. To receive receive authorize visitors
f. To ventilate their grievamces through proper channels and
g. To receive death benifits and pecuniary aid for injuries.

Privileges of Inmates
a. Attend to participate in any entertainment and athletic activity within the prison
reservation;
b. Read books and other reading materials in the community;
c. Smoke cigars and cigarettes except in prohibited places.
d. Participate in civic religious and other activities authorized by prison
authorities; and
e. Receive gifts and prepared food from visitors subject to inspection.
PENAL PROVISION ON CORRECTION

A. GOOD CONDUCT TIME ALLOWANCE

CRIMINAL LIABILITY OF INMATES IN CASE OF ESCAPE AND EVASION OF


SENTENCE
B. Evasion of Service of Sentence( Art. 157-159 , RPC) Evasion of Service
under Art 157:
Elements:
1.offender is a prisoner serving sentence involving deprivation of liberty by
reason of final judgment,
2.He evades the service of his sentences during the term of his imprisonment.

C. Evasion of Service of Sentence on the Occasion of Disorders due to


conflagration, Earthquakes, or other calamities(Art. 158,RPC)
Elements:
1.offender is a prisoner serving sentence and is confined in a penal institution;
2.he evades his sentence by leaving the institution;
3.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
4. He fails to give himself up to the authorities within 48 hours following the issuance
of proclamation by the Chief Executive regarding the passing away of the calamity.

ADMINISTRATIVE OFFENCES AS WELL AS CRIMINAL LIABILITY OF


JAIL/PRISON PERSONNEL IN CASE OF ESCAPE AND EVASION OF SENTENCE
D. 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 offenses;
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. The legal grounds of detention are:
1.commission of a crime
2.violent insanity or other ailment requiring compulsory confinement.

E. Delivery of Prisoners from Jail (Art. 156, RPC) Elements:


1.the offender is a private individual
2.he removes a person confined in jail or a penal institution or helps in the escape of
such person
3.the means employed are violence, intimidation, bribery or any other means.

F. Conniving with or Consenting to Evasion(art. 223)


Committed by a public officer who has the custody of the prisoner and who
helps a prisoner under his custody to escape.
Infidelity of Public Officers
1. Infidelity in the custody of Prisoners through Connivance (Art. 223,RPC) - A felony
committed by any public officer who shall consent to the escape of a prisoner in his
custody or charge.
G. Infidelity in the custody of Prisoners through Negligence(Art. 224)-

A felony committed by a public officer when the prisoner under his custody
or charge escaped through negligence on his part.

Other Offenses or Irregularities by Public Officers


1.Maltreatment of Prisoner ( Art.235, RPC)
Elements:
1.offender is a public officer or employee
2.he overdoes himself in the correction or handling of such prisoner by imposition
of punishment not authorized by regulation or by inflicting such punishment in a
cruel or humiliating manner.
The felony of physical injuries is committed if the accused does not
have the charge of a detained prisoner and he maltreats him. And if the purpose
is to extort a confession, grave coercion is committed.
RELEASING OF OFFENDERS

Pre-Release Treatment of Offenders


It is a program specifically designed and given to a prisoner, during limited
period, prior to his release from prison, in order to give him an opportunity to adjust
himself from the regimented group life in prison to the normal life of a free individual.
Separation and Placement Center
An inmate shall, thirty (30) days before his scheduled date of release, be
transferred to the Separetion and Placement Center to prepare him for re-entry into free
society.
Pre-release seminar
All inmates eligible for release shall undergo a one-day seminar in preparation for
his life outside prison.

Leaves From Jail


Leaves from jail shall be allowed only on very meritorious cases, like the
following:
1. Death or serious illness of spouse, father, mother, brother or sister, children,
grandchild, and grandparent.
The inmate is allowed to view the remains of a deceased relative only if the
remains are within a 30 kilometer radius by road from the confinement facility and
the actual stay of the inmate to view the remains should not exceed three (3)
hours. May be granted even for more than 39-km provided inmate can return
during daylight hours of same day.
2. Inmate who are seriously ill/injured may be given leave for hospitalization or
medical attendance under proper escort.
However, leaves of detention prisoners shall require prior approval of the courts
having jurisdiction over them; provided, however, that in cases of life and death, the
Warden, on his own discretiom, may allow an inmate's hospitalization/medical
treatment.
Manner of Releasing Prisoners

A prisoner may be released by:


1. Service of sentence
2. Order of the court
3. Parole
4. Pardon
5. Amnesty
6. Any lawful order of competent authority

Note:
-if feasible, an inmate shall be notified of his release at least one week before the
date of such discharge
-No inmate shall be released on a mere verbal order or telephone

Release order
Shall bear the full name of inmate, the crime charged, the number of the case,
and such other details as will enable the releasing officer to properly identify the inmate
to be released.
Certificate of discharge- this shall be issued to the released inmate by the Warden or
jailer.

Who may Authorize Release?


A. Supreme court or lower courts, in cases of acquittal or grant of bail;
B. President of the Philippines, in cases of executive clemency or amnesty;
C. Board of Pardons and Parole, in parole cases; and
D. Director, upon the expiration of sentence of the inmate.
Alternatives to Jail Confinement
1.segregation of special offenders to other institutions
2.payment of fines
3.probation
4.bail
5.diversification
6.delayed sentence

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