Professional Documents
Culture Documents
PRISON
"Settle matters quickly with your adversary who is taking you to court. Do it while
you are still with him on the way, or he may hand you over to the judge, and the judge may
hand you over to the officer, and you may be thrown into prison. I tell you the truth, you will not
get out until you have paid the last penny."
Matthew 5: 25-26
The open system of treating the offenders is handicapped (disadvantaged), however, by the
following:
1. The risks of escape by inmates due to the absence of physical constraint are greater
than in the closed system; and
2. The danger that the inmate may abuse his semi-liberty in his dealings with those outside
the institution is greater than in the closed system.
EVOLUTION OF PRISON SYSTEM IN THE PHILIPPINES
During the pre-colonial times, the informal prison system was community-based, as
there were no national penitentiaries to speak of. Natives who defied or violated the local laws
were meted appropriate penalties by the local chieftains. Incarceration in the community was
only meant to prevent the culprit from further harming the local residents. The formal prison
system in the Philippines started only during the Spanish regime, where an organized corrective
service was made operational. Established in 1847 pursuant to Section 1708 of the Revised
Administrative Code and formally opened by Royal Decree in 1865, the Old Bilibid Prison was
constructed as the main penitentiary on Oroquieta Street, Manila and designed to house the
prison population of the country. This prison became known as the "Carcel y Presidio
Correccional" and could accommodate 1,127 prisoners.
The Old Bilibid Prison, 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. The old prison was established on June 25, 1865
under a Spanish royal decree and had a capacity of 1,127 prisoners. It is divided into two
sections the Carcel Section, which could accommodate 600 inmates, and the Presidio, which
could accommodate 527 prisoners. In 1908, a concrete modern hospital with a capacity of 200
beds, as well as new dormitories for the prisoners was added.
In November 1, 1905, Reorganization Act 1407 was passed into law mandating the
Philippine Commission to create the Bureau of Prisons under the Department of Commerce
and Police. Later, jurisdiction was assigned to the Department of Public Instruction, the
predecessor of the Department of Education. Finally it nestled under the wings of the
Department of Justice to which it belongs till the present time.
Under Executive Order No. 292 known as the Administrative Code of 1987, the
Executive Branch of Government shall create a Department of Justice to provide the
government with a principal law agency which shall be both its legal counsel and prosecution
law agency; administer the criminal justice system in accordance with the accepted process
thereof consisting in the investigation of the crimes, prosecution of offenders and
administration of the correctional system. Under the same EO 292, Book IV, Title III, Chapter 8,
Sec. 26 is the creation of Bureau of Corrections, which shall have its principal task the
rehabilitation of prisoner. The Bureau of Corrections shall exercise such powers and functions
as are now provided for the Bureau of Prisons or may hereafter be provided by law.
The Bureau of Corrections (BuCor)
The Bureau of Corrections (BuCor) was organized and has been operating under the
Prison Act of 1917. The BuCor is an integral bureau of the DOJ mandated to carry out the
institutional rehabilitation programs of the government for national offenders, or those who
are sentenced to more than 3 years of imprisonment, and to ensure their safe custody. BuCor
oversees the operations of seven (7) prisons located in different parts of the country.
On May 24, 2013, President Benigno S. Aquino III signed into law Republic Act No.
10575, otherwise known as "The Bureau of Corrections Act of 2013". The law mainly seeks to
provide for the modernization, professionalization and restructuring of the BuCor by upgrading
its facilities, increasing the number of its personnel, upgrading the level of qualifications of their
personnel and standardizing their base pay, retirement and other benefits. The new law
mandates BuCor to implement rationalized system of promotion and performance evaluation
system in coordination with the Civil Service Commission.
The Department of Justice (DOJ), having the BuCor as a line bureau and a constituent
unit, shall maintain a relationship of administrative supervision with the latter as defined under
Section 38(2), Chapter 7, Book IV of Executive Order No. 292 (Administrative Code of 1987),
except that the DOJ shall retain authority over the power to review, reverse, revise or modify
the decisions of the BuCor in the exercise of its regulatory or quasi- judicial functions. (Sec. 8,
RA 10575)
The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy
Directors: one (1) for administration, one (1) for security and operations and one (1) for
reformation, all of whom shall be appointed by the President upon the recommendation of the
Secretary of the DOJ: Provided, That the Director and the Deputy Directors of the BuCor shall
serve a tour of duty not to exceed six (6) years from the date of appointment: Provided, further,
That in times of war or other national emergency declared by Congress, the President may
extend such tour of duty. (Sec. 9, RA 10575)
The Mission, Functions and Mandates of the BuCor
Mission:
To maximize the assets' value of the BuCor to effectively pursue its responsibility in
safely securing transforming national prisoners through responsive rehabilitation programs
managed by professional Correctional Officers.
Functions of BuCor:
1. To confine prisoners by giving them adequate living spaces as the first conditions to be
met before any effective rehabilitation programs can be undertaken.
2. To prevent prisoners from committing crimes while in custody.
3. To provide humane treatment by affording them human basic needs in the prison
environment and prohibiting cruel methods and provide a variety of rehabilitation
program.
Mandates of the Bureau of Corrections (Sec. 4, RA 10575)
The BuCor shall be in charge of safekeeping and instituting reformation programs to
national inmates sentenced to more than three (3) years.
1. Safekeeping of National Inmates - The safekeeping of inmates shall include decent
provision of quarters, food, water and clothing in compliance with established United
Nations standards. The security of the inmates shall be undertaken by the Custodial Force
consisting of Corrections Officers with a ranking system and salary grades similar to its
counterpart in the BJMP.
Safekeeping, which is the custodial component of the BuCor's present corrections
system, shall refer to the act that ensures the public (including families of inmates and their
victims) that national inmates are provided with their basic needs, completely incapacitated
from further committing criminal acts, and have been totally cut off from their criminal
networks (or contacts in the free society) while serving sentence inside the premises of the
national penitentiary. This act also includes protection against illegal organized armed groups
which have the capacity of launching an attack on any prison camp of the national penitentiary
to rescue their convicted comrade or to forcibly amass firearms issued to prison guards. (Sec. 3,
RA 10575)
2. Reformation of National Inmates- The reformation programs, which will be instituted by
the BuCor for the inmates, shall be the following:
a. Moral and Spiritual Program;
b. Education and Training Program;
C. Work and Livelihood Program;
d. Sports and Recreation Program;
e. Health and Welfare Program; and
f. Behaviour Modification Program, to include Therapeutic Community.
Reformation, which is the rehabilitation component of the BuCor's present
corrections system, shall refer to the acts which ensure the public (including families of inmates
and their victims) that released national inmates are no longer harmful to the community by
becoming reformed individuals prepared to live a normal and productive life upon reintegration
to the mainstream society. (Sec. 3, RA 10575)
Facilities of the Bureau of Corrections
The BuCor shall operate with standard and uniform design of prison facilities,
reformation facilities and administrative facilities, through all the operating prison and penal
farms, such as the following:
1. Dormitory;
2. Administration building;
3. Perimeter/Security fences;
4. Hospital/Infirmary;
5. Recreation/Multipurpose hall;
6. Training/Lecture centre;
7. Workshop facility;
8. Mess hall/kitchen;
9. Visiting area;
10. Water tank and pump;
11. Reception and diagnostic centre; and
12. Service personnel facilities.
Qualification Standards in the Appointment of the BuCor Personnel
No person shall be appointed as personnel of the BuCor unless one possesses the
following minimum qualifications:
1. A citizen of the Republic of the Philippines;
2. A person of good moral character;
3. Must have passed the psychiatric/psychological, drug and physical test for the purpose
of determining his/her physical and mental health;
4. Must possess a baccalaureate degree from a recognized learning institution;
5. Must possess the appropriate civil service eligibility;
6. Must not have been dishonourably discharged or dismissed for cause from previous
employment
7. Must not have been convicted by final judgment of an offense or crime involving moral
turpitude; and
8. Must be at least one meter and sixty-two centimetres (1.62 m.) in height for male, and
one meter and fifty- seven centimetres (1.57 m.) for female: Provided, That a waiver for
height and age requirement/s may be granted to applicants belonging to the cultural
communities: Provided, further, That a new applicant must not be less than twenty-one
(21) or more than forty (40) years of age. Except for this particular provision, the above-
enumerated qualifications shall be continuing character and an absence of any one of
them at any given time shall be ground for separation or retirement from the service:
Provided, furthermore, That those who are already in the service upon the effectivity of
this Act shall be given five (5) years from the date of such effectivity to obtain the
minimum educational qualification and eligibility with subsidiary assistance as provided
for in this Act. (Sec. 11, RA 10575)
Organizational Structure of the Bureau of Corrections (BuCor)
A. Key Positions
1. Undersecretary- the Head of the BuCor, shall have the position and title of Director
General of Corrections.
2. Assistant Secretary the second officers in command of the BuCor, shall have the
position and title of Deputy Directors of Corrections.
3. Chief Superintendent - The third officer in command of the BuCor, shall have the
position and title of Corrections Chief Superintendent.
4. Senior Superintendent- The fourth officer in command of the BuCor, shall have the
position and title of Corrections Senior Superintendent.
5. Superintendent - The fifth officer in command of the BuCor, shall have the position
and title of Corrections Superintendent. (Sec. 9(b) RA 10575)
4. Admission Process- After registration, the inmate shall be photographed, front and side
view, fingerprinted, and shall assigned a permanent prison number. The male inmate
shall then be given a regulation haircut and his beard /mustache, if any, shall be shaven
off. (Sec.4)
5. Hairpieces- An inmate may not wear a wig or artificial hairpiece, unless medical
authorization to do so is approved by the Superintendent. (Sec.5)
6. Place of Admission- the Admission of an inmate shall be made in an area that is
physically separated from the general prison population. (Sec.6)
7. Body Search of an Inmate/Personal Effects- Upon admission, the inmate shall be
searched thoroughly. He shall be allowed to retain in his possession only such articles as
are authorized hereunder. A list of the articles taken from the inmate shall be entered in
the inmate’s record and receipted for by the guard in charge thereof. All articles taken
from the inmate shall be returned to him upon his discharges unless previously disposed
of at the inmate’s request or order condemned by the superintendent after a lapse of
two years.
If the inmate brings in any drug or medicine, the medical officer on duty shall
decide on its disposition. (Sec.7)
8. Confiscation of Contraband- Narcotics and all other prohibited drugs or substance, the
possession and/or use of which are punishable under our laws, all types of weapons,
substances or chemicals that may cause injury to a person, and items or articles which
an inmate is not allowed to possess under prison rules shall be considered contraband
items and confiscated. (Sec. 8)
9. Issuance of Uniforms, etc. – the newly admitted inmate shall be issued two regulation
uniforms/ suit and two t-shirts. Whenever practicable, he shall also be issued the
following items:
a. one (1) blanket;
b. one (1) mat
c. one (1) pillow with pillow case
d. one (1) mosquito net
e. one (1) set, mess kit; and
f. one (1) pair, slippers.
The inmate shall be held responsible and accountable for the items issued to
him. (Sec. 9)
10. Personal Effects of inmate- In addition to the articles supplied by the prison, the inmate
may bring clothes and other items essential to his well-being, provided the quantity, nature
and dimension thereof will not be interfere with the safety and living conditions of the
other inmates. The Superintendent may allow the inmate to bring in electrical equipment
like television sets, radio cassettes, video players, electric fans and similar items provided
the same is for common use with other inmates. In no case shall an inmate be allowed to
bring in luxurious items such as air conditioners, carpets sofas, beds, sleeping mattresses,
washing machines and the like. (Sec. 10)
11. Wearing of Jewellery- An inmate may not wear jewelry items. He may, however, be allowed
to wear an inexpensive watch. (Sec 11)
CLASSIFICATION OF INMATES
(Chapter 3, Part 11, Book 1, BuCor Manual)
1. Classification Board- Every prison shall have a classification board that shall classify
inmates. The board shall be composed of the following:
Chairman- Superintendent
Vice- chairman- Chief, RDC
Members- Medical officer, Chief, Education Section, Chief, Agro- Industries Section
Secretary- Chief- Overseer (Sec. 1)
2. Classification of inmates as to security Risk- An inmate shall be assigned to any of the
following security groups:
a. Maximum Security Prisoners- This shall include highly dangerous or high-security risk
inmates as determined by the Classification board who require a high degree of control
and supervision. (They are confined at the Maximum Security Prison, NBP Main
Building) and wear tangerine/orange color of uniform.) Under this category are:
i. Those sentence to death;
ii. Those whose minimum sentence is 20 years imprisonment;
iii. Remand inmates or detainees whose sentence is 20 years and above and those
whose sentence are under review by the Supreme Court of the court of Appeals;
iv. Those with pending cases;
v. Recidivist, habitual delinquents, and escapees;
vi. Those confined in the Reception and Diagnostic centre;
vii. those under disciplinary punishment; and
viii. Those who are criminally insane or those with severe personality or emotional
disorders that make them dangerous to fellow inmates or the prison staff.
b. Medium Security Prisoners- This shall include those who cannot be trusted in less
security areas and those whose conduct behaviour require minimum supervision. (They
occupy the Medium security prison, Camp Sampaguita, and wear blue color of uniform.)
Under this category are:
i. those whose minimum sentence is less than 20 years imprisonment;
ii. remand inmates or detainees whose sentence are below 20 years;
iii. those who are 18 years old and below, regardless of the case and sentence;
iv. Those who have two or more records of escapes. They can be classified as
medium security inmates if they have served eight years since they were
recommitted. Those with one record of escape must serve five years.
v. First offenders sentenced to life imprisonment. They may be classified as
medium security if they have served five years in a maximum security prison or
less, upon the recommendation of the Superintendent. Those who were
detained in a city or provincial jail shall not be entitled to said classification.
c. Minimum security Prisoners- This shall include those who can be reasonably trusted to
serve their sentences under less restricted condition. (They occupy the minimum
security prison, Camp Bukang Liwayway, and wear brown color uniforms.) Under this
category are:
i. Those with severe physical handicap as certified by the chief medical officer of
the prison;
ii. Those who are 65 years old and above, without pending case and whose
convictions are not on appeal,
iii. Those who have served one-half of their minimum sentence or one-third of their
maximum sentence, excluding good conduct time allowance (GTCA); and
iv. Those who have only six months more to serve before the expiration of their
maximum sentence. (Sec. 3 and 4)
3. Classification of Inmates as to entitlement to Privileges- to determine their entitlement to
prison privileges, inmates are classified as follows:
a. Detainee- a person who is confined in prison pending preliminary investigation, trial or
appeal; or upon legal process issued by competent authority;
b. Third class inmate- one who has either been previously committed for three or more
times as a sentence inmate, except those imprisoned for non-payment of a fine and
those who had been reduced from a higher class;
c. Second class inmate- a newly arrived inmate; an inmate demoted from first class; or
one promoted from the third class;
d. First class inmate- one whose known character and credit for work while in detention
earned assignment to this class upon commencement of sentence; or one who has been
promoted from the second class;
e. Colonist- the director may, upon the recommendation of the classification board,
classify an inmate who has the following qualifications as a colonist:
i. Be at least a first class inmate and has served one year immediately preceding
the completion of the period specified in the following qualifications; and
ii. Has served imprisonment with good conduct for a period equivalent to one-fifth
of the maximum term if his prison sentence or seven years in the case of a life
sentence. (Secs. 5 and 6)
4. Privileges of a Colonist- A colonist shall have the following privileges:
a. Credit of an additional GCTA of five 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 impose on the colonist to a sentence of 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 and 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 hospitals, church and school free of charge. All of the
members of the family of a colonist shall be subject to the rules governing the prison
and penal farm;
d. As s special reward to deserving colonist, the issuance of a 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 occasions as may be designated by the
Superintendent. (Sec. 7)
Note: Husband and wife inmates may be allowed to serve their sentence together in a
prison and penal farm as soon as both is classified as colonists. The grant of colonist status may
for cause be revoked at any time by the Superintendent with the approval of the Director.
(Secs. 8 and 9)
1. Inmate Compensation- Six months after being permanently assigned to work in prison, an
inmate may receive compensation credits at rates to be prescribed by the Directors,
provided:
a. He maintains good conduct; and
b. He shows interest and a definite degree of progress in the particular work assigned
to him. (Sec. 1)
2. Compensation credits- compensation credit shall be allowed in the payment of those
qualified on workmanship as may be prescribed by the director. (Sec. 2)
3. Keeping of work record of inmate- a record shall be kept of inmates showing the
workmanship classification of skilled and semi-skilled grades. The credits accruing to each
shall be made monthly in accordance with the approved recommendation of the committee
named for this purpose. A copy of the committee's recommendation, duly approved by the
Director or the Superintendent shall be furnished the Commission on Audit for his
information in connection with his duty of supervising the proper accountability of the fund
created, the credits to which shall be part of the inmate's Trust Fund. (Sec. 3)
4. Compensation Earned, How Applied -The whole or part of the compensation credits earned
by an inmate may be forfeited and applied to the payment of supplies and equipment lost
or damaged resulting from the inmate misconduct or wilful negligence. One-half of said
earnings may be utilized by the inmate to purchase one of his needs. The remainder shall be
withheld, to be paid to him upon release only. In exceptional cases, however upon
satisfactory showing of a necessity for withdrawal, the Director or the Superintendent may
authorize the disbursement of any part of the amount retained. (Sec. 4)
5. Trust Fund - Compensation credits earned by the inmate as provided for in the preceding
section and all monies received by him from any source shall be deposited in the Trust Fund
provided for the purpose. (Sec. 5)
6. Withdrawal of Earnings- The inmate may, at any time, withdraw from his compensation
earnings in an amount not exceeding one-half of his total earnings. However, in cases of
urgent need and at the discretion of the Superintendent, the whole of his earnings may be
withdrawn. But he may, at any time, withdraw any part, or all monies received from other
sources. (See. 6)
7. Payment of trust Deposit Amount to Released Inmate-Upon the inmate's discharge from
prison he shall be given the full balance of his deposit. (Sec. 7)
INMATE COMMUNICATION
(Chapter 5, Part III, Book I, BuCor Manual)
1. Right to Communicate- An inmate shall have the right to communicate or correspond with
persons and organizations and to send and receive letters, package, books, periodicals, and
other materials that can be lawfully sent by mail. (Sec. 1)
2. Censorship of Mail Matter- All letters sent or received by an inmate, as well as magazines,
books, periodicals, and all reading materials shall be subject to censorship to prevent the
entry of contraband and the entry or exit of information that may adversely affect the
security of the prison. (Sec. 2)
3. Guidelines on Censorship of Mail Matter-The sending and receiving of mail by all inmates
shall be governed by the following guidelines:
a. Inmate mail shall be secured until such time that the censors are ready to examine
them.
b. Inmate mail shall be opened and searched by qualified, trained, and authorized
personnel.
c. Greeting cards shall be carefully examined and fillers of any kind found therein shall
be collected for laboratory examination.
d. Photograph shall be marked on the reversed side and replaced in the envelope.
e. In censoring mail, prison slang, unusual nicknames, and sentences with double
meaning shall be carefully studied and deciphered.
f. Letters passed by censor shall bear the censor’s stamp at the top of each page and
on the envelope. The letter shall be replaced in the same envelope and resealed.
g. The contents of an inmate's mail shall be confidential and shall not be discussed with
other prison personnel. (Sec. 3)
4. What May be Censored- All letters containing statement concerning the security or
reputation of the prison like escape attempts, smuggling/trafficking of contraband or
statements that may affect prison rules and policies, shall be censored. Any item or
correspondence or enclosure that does not conform to regulations or are detrimental to the
security, good order, and discipline of the prison shall be confiscated and submitted to the
Superintendent for disposition. (Sec. 4)
5. Collection and Delivery of Mail- The mail officer shall collect and deliver mail matters on a
daily basis, Monday through Friday. An inmate shall be advised to claim his mail if he fails to
claim his letter within 24 hours after it is received in prison. (Sec. 5)
6. Expenses for special delivery of mail- Inmates shall be allowed to send letters by registered,
certified, stamped, or special delivery at their expense. (Sec. 6)
7. Sending money- Inmates may receive or send money through the prison postal service
under the supervision and assistance of designated prison officers. The mail officers shall
issue a receipt in duplicate for the amount enclosed in the inmate’s incoming letter and
shall deposit in the trust fund. The original receipt signed by the mail officer shall be filed
with the trust fund officer and the duplicate copy thereof shall be given to the inmate.
(Sec.7)
8. Mail privilege of inmates under punishment- inmates under disciplinary punishment shall
be allowed full mail privileges, unless his misconduct involves a serious violation of mail
regulations. (Sec 8)
9. Use of Telephone- All offenders who demonstrate good behaviour shall earn one telephone
call to an authorized individual every 90 days. In such a case, the telephone call shall be
monitored and shall have a duration not exceeding five minutes. When making the inmate
shall identify himself as an inmate. (Sec. 9)
10. Foreign Inmates- Inmates of a foreign nationality shall be allowed to communicate with the
diplomatic and consular representatives of the state of which he or she is a national. (Sec.
10)
11. Stateless Inmates- A national of a state without diplomatic or consular representation in
the country and a refugee or stateless person shall also be allowed to communicate with
the diplomatic authorities of the state which take charge of his or her interest or any
national or international authority tasked to protect such person. (Sec 11)
INMATE GRIEVANCE
(Chapter 11, Part III, Book I, BuCor Manual)
1. Inmate Complaint centre- To extend prompt, efficient, and timely services to the inmates,
there shall be an inmate complaints, information and assistance centre in each prison
compound which shall be under the office of the Superintendent. The centre shall act on all
written complaints that are not palpably frivolous, as well as request for information and
assistance of inmates, within 72 hours from receipt thereof. (Sec 1)
2. Inmate Council- There shall be an inmate council composed of finally convicted inmates
council composed of finally convicted inmates in every prison which shall serve as an
advisory body to the Superintendent. The Superintendent shall provide a set of
qualification, rules and regulation for membership in the council. (Sec.2)
3. Role of inmate Representatives in the inmate Council- the inmate representatives of the
inmate council shall meet the Superintendent or his representative to discuss issues and
matters affecting the prison population. The inmate representatives shall not be entitled to
special privileges and shall not have any authority over other inmates or participate in the
imposition of disciplinary measures or other interfere with prison administrative functions.
(Sec. 3)
PRISON LABOR
History of Prison Labor
"Prison Labor as Punishment in Itself," as stated in the August 1960 United Nations
Report on Prison Labor, is probably the oldest, and also the most cruel and inhuman concept of
punishment. It is found in ancient times, partly as a logical consequence of the low esteem in
which many types of labor (especially manual) were held, such labors being termed servile and
only much later being raised to an honourable status. Ancient prison labor ranged from a
sentence to work in the mines, or in the galleys, to one involving service in the armed forces.
Essentially, then, this form of punishment took the form of exploitation of the convict's labor,
to the point of complete exhaustion, if necessary, in rough, heavy and arduous work, without
compensation of any kind.
Briefly, the development of prison labor can be categorized into four stages: first, as a
punishment; second, as an integral part of punishment; third, as a means of promoting the
social rehabilitation and reformation of the prisoners; and fourth, as a part of labor in general.
DISCIPLINE OF INMATES
(Chapter 1, Part IV, Book 1, BuCor Manual)
Due Process Accorded to an inmate
Every breach of discipline shall be reported to proper prison authorities. The erring
inmate shall be given due process before he is punished. Ignorance of prison rules shall not be
countenanced or considered an excuse for its non-observance (Bucor Manual 23)
Prohibited Acts
The following acts shall subject an inmate to disciplinary action:
1. Participating in illegal sexual acts or placing himself in Situations or behaviour that will
encourage the commission of illegal sexual acts;
2. Openly or publicly displaying photographs, pictures, drawings, or other pictorial
representations of person engaged in sexual acts, actual or simulated, masturbation,
excretory functions, or lewd or obscene exhibitions of the genitals;
3. Possessing articles which pose a threat to prison security or to the safety and well-being
of the inmates and staff;
4. Giving gifts, selling, or engaging in barter with prison personnel;
5. Maligning or insulting any religious belief or group;
6. Rendering personal services to or requiring personal services from a fellow inmate;
7. Gambling;
8. Exchanging uniform with another inmate or wearing a uniform other those officially
issued to him;
9. Using profane, vulgar or obscene language or making loud or unusual noise of any kind;
10. Loitering in the prison compound or reservation;
11. Giving a gift or providing material or other assistance to fellow inmates or to the prison
administration in general;
12. Engaging in any private work for the benefit of a prison officer or employee;
13. Controlling the activities of other inmates except in organizations or groups recognized
by prison authorities;
14. Tattooing himself or allowing himself to be tattooed on any part of his body. The
removal or alteration of tattoos may only be performed by a prison medical officer upon
prior approval by the Superintendent;
15. Disobeying legal orders of prison authorities promptly and courteously;
16. Threatening, orally or in writing, the life of any employee or prison official;
17. Possessing any communication device like a cellular telephone, pager or radio
transceiver;
18. Constructing, renovating or repairing, with personal funds, a prison building or
structure;
19. Making frivolous or groundless complaints; and
20. In general, displaying any behaviour which might lead to disorder or violence, or such
other actions that may endanger the facility, the outside community or others. (Sec. 4)
PUNISHMENT
(Chapter 2, Part IV, Book I, BuCor Manual)
1. Board of Discipline; Composition- the Director shall establish a Board of Discipline in
each prison to hear cases involving an inmate who violates prison rules. It shall be
presided over by the Assistant Superintendent. (Sec. 1)
2. Procedure in Disciplinary Cases- The procedure in handling disciplinary cases shall be as
follows:
a. The written complaint or report of an aggrieved inmate or any inmate or prison
personnel having knowledge of any breach of discipline by an inmate shall be filed
with the office of the Superintendent. The complaint or report shall be signed by the
complainant and shall describe the violation and the names of possible witnesses.
b. If the Superintendent, after initial investigation, finds that the complaint or report is
baseless, he shall order its dismissal. Otherwise, he shall endorse the case to the
Board of Discipline for hearing.
c. The Board of Discipline shall hold sessions as often as necessary. It shall decide cases
referred to it within five working days after termination of hearings.
d. The hearing shall be summary in nature and shall not be bound by the technical
rules of evidence.
e. The inmate charged with the offense shall be allowed to present evidence in the
hearing.
f. The decision of the Board of Discipline shall be subject to review and approval by the
Superintendent.
g. A decision approved by the Superintendent shall be final. (Sec. 2)
3. Protection of Inmate from Institutional Abuse – An inmate shall be treated with respect
and fairness by prison employees. He shall be protected against the following:
a. The imposition of any cruel, unusual or degrading act as a form of disciplinary
punishment;
b. Corporal punishment;
c. The use of physical force by correctional officers except in cases where the latter act
in self-defence to protect another person from imminent physical attack, or to
prevent a riot or escape;
d. Deprivation of clothing, bed and bedding, light, ventilation, exercise, food, or
hygienic facilities; and
e. Forced labor. (Sec. 3)
4. Imposable Punishment- The Board of Discipline shall be authorized to impose any of the
following disciplinary measures on an errant inmate:
a. Caution reprimand.
b. Cancellation of recreation, education, entertainment and visiting privileges.
c. Deprivation of GCTA for a specified period.
d. Change of security status to the next higher category, e.g., from medium to
maximum. (Sec. 4)
5. Confinement in Disciplinary Cell- If the corrective measures prove to be ineffective, an
obstinate inmate may be punished by confinement in a disciplinary cell from one to two
months depending upon the gravity of the offense committed. The punishment shall
only be meted out if the prison medical officer, after examination, certifies that the
inmate is fit to undergo the same or will not adversely affect his physical or mental
health. (Sec. 5)
6. Mitigation Punishment - For the first offense, and if the inmate's conduct justifies it, the
Superintendent may mitigate, suspend, or modify the penalty imposed on an inmate.
7. Release from Disciplinary Cell- The prison medical Officer shall visit periodically the
inmate in the disciplinary cell and shall advice the Superintendent punishment shall be
terminated on grounds or physical or mental health. (Sec. 7)
8. Use of Instrument of Restraint- Instrument of restraint, includes handcuffs, chains, iron
and strait jackets, shall not be applied as punishment. They shall only be used:
a. to prevent an escape during an inmate’s transfer or movement;
b. To prevent an inmate from harming himself or others or from destroying public
or private property. (Sec. 8)
9. Limitation on Punishment to be imposed on Female Inmate- a female inmate shall not
be subjected to disciplinary measures which might adversely affect her unborn or
nursing child.
10. Disciplinary Punishment to Form Part of Record of an Inmate - The penalty imposed by
the Board of Discipline shall form part of the carpeta and prison record of an inmate.
Note: Instrument of restraint is one which checks or suppresses the physical liberty of
prisoners.
3. Medical Consultation and Visiting Hours – Medical consultation and visiting hours shall
be established by the Superintendent in consultation with the medical staff. (Sec. 3)
4. Basic Guidelines on Medical Consultations The following guidelines shall be observed
whenever inmate visits a prison hospital/clinic for consultation and/or treatment:
a. The inmate shall be in proper uniform during Consultations.
b. He shall be attended to on a "first-come, first-served basis.
c. The number of inmates allowed at the hospital/ clinic for consultation/treatment
shall defend on the number of available doctors.
d. An inmate shall be subjected to a body search upon entering and leaving the prison
hospital/clinic.
e. In emergency cases, only the medical staff and the patient shall be allowed inside
the emergency room.
f. An inmate shall not loiter in the hospital/clinic or leave the same without permission
from the medical staff.
g. Visitors of inmates shall not be allowed to stay inside the hospital/clinic to attend to
the sick inmate without the permission of the medical staff.
h. Children below 12 years of age shall not be allowed to stay inside a hospital ward or
treatment room.
i. Patients in the hospital shall not be required to stand for checking. (Sec. 4)
5. Pregnant CIW Inmates- in the CIW, there shall be special accommodations for pregnant
women. Whenever practicable, however, arrangement shall be made for children to be
born in a hospital outside the prison. (Sec. 5)
6. Infant Born to a CIW Inmate - An infant born while the mother is serving sentence in
the CIW may be allowed to stay with the mother for a period not exceeding one year.
After the lapse of said period, if the mother of the infant fails to place the child in a
home of her own, the Superintendent shall make arrangement with the Department of
Social Welfare and Development or any other social welfare agency for the infants care.
As far as practicable, the CIW shall have a nursery staff by qualified personnel. (Sec. 6)
7. Recommendation for Release of Seriously-ill Inmate –The prison medical officer shall
visit all Sick inmates daily and attend to those who complain of any ailment. He shall
render a report to the Superintendent whenever he considers that an inmate's mental
or physical health has been or will be injuriously affected by continued imprisonment or
by any condition of confinement. (Sec. 7)
8. Notification of Kin of Sick or Dead Inmate – Whenever an inmate is critically ill or dies,
the prison medical officer shall report the matter to the Superintendent who in turn
shall notify the inmate's family by the fastest means of communication available. (Sec.
8)
9. Meals in Hospital/Clinic- Meals shall be served in a prison hospital/clinic at the same
time that the food is served to the other inmates, unless directed otherwise by the
prison medical officer. Inmates assigned to work in the hospital/clinic shall be provided
with food rations coming from the general kitchen. (Sec. 9)
10. Referral of Inmate for Outside Medical Consultation Treatment - An inmate who needs
medical treatment or examination that cannot be provided in the prison hospital may
be referred to a hospital/clinic outside the prison for the needed examination,
treatment, or hospitalization. The expenses for the outside medical referral shall be
borne by the inmate. During said referral, the inmate shall be accompanied by a
member of the prison medical staff. (Sec. 10)
11. Medical Certification- The outside medical examination treatment, or hospitalization of
an inmate shall be supported by a certification of the medical officer or, there is none,
by a government physician, which shall Specify the exact ailment of the inmate, the
treatment or examination required, the duration of the hospitalization that may be
required, and shall certify that the ailment cannot be properly attended to in the prison
hospital, provided, that in the case of an NBP or CIW inmate, the request for outside
medical referral shall be forwarded by the Director to the Secretary for approval at least
one day before the proposed referral. (Sec. 11)
12. Referral to Government Hospital - Unless absolutely necessary, an inmate shall be
referred to a government clinic, hospital, or institutions for the required examination,
treatment, or hospitalization. If the referral is made to private institutions, the expenses
incident thereto shall be borne by the inmate. (Sec. 12)
13. Outside Referral for Dental Work- Except in emergency cases, no dental work for an
inmate shall be done outside prison, and in cases of restoration work, expenses shall be
borne by the inmate. (Sec. 13)
14. Donation of Human Organ; Form of Donation – The Director may authorize an inmate
to donate to a licensed physicians, surgeon, known scientist, or any medical or scientific
institution, including eye banks and other similar institutions any organ, part or parts of
his body and to utilize the same for medical, surgical or scientific purposes, or for the
utilization for medical, surgical, or scientific purposes, of said organ, or body part or
parts which, for a legitimate reason, would be detached from the body of the grantor,
subject to the following conditions:
a. The organ or body part or parts being donated shall be detached after the death
of the inmate.
b. The authorization to detach or use the organ or body part or parts shall be in
writing; specify the person or institution granted the authorization, the organ,
part or parts to be detached, the specific use or uses of the organ or body part or
parts to be employed; and shall be signed by the inmate and attested by two
disinterested witnesses.
c. The donation is approved by the proper court. (Sec.14)
15. Disposition of Cadaver of Deceased Inmate – Unless Claimed by his family, the body of
an inmate who dies in prison may be turned over to an institution of learning or any
scientific research centre designated by the Secretary, for the purpose of study and
investigation, provided that such institution shall provide a decent burial of the remains.
Otherwise, the Bureau shall order the burial of the body of the inmate at government
expense, granting permission to the members of the family and friends of the inmate to
be present thereat. If the body is claimed by the family, all expenses incident to the
burial to the burial shall be at the expense of the family. (Sec. 15)
16. Burial of Convict - In no case shall the burial of a convict be held with pomp. (Sec. 16)
17. Adult Education - All illiterate inmates shall attend adult education classes. Literate
inmates may attend classes corresponding to their educational level. (Sec. 17)
18. Educational Programs for Inmates - A prison may offer any or all of the following
educational programs:
a. Elementary education;
b. Secondary education program to prepare students to successfully pass the
required tertiary level qualification examination and to receive a regular high
school diploma. A student will have completed the program when all the credits
required for a regular high school diploma from accredited institution have been
earned;
c. College education; and
d. Vocation training. (Sec. 18)
Note: Vocation training may be utilized to discourage idleness among inmates but lately,
emphasis is also placed on the giving of special training courses to the prisoners as
preparation for release.
In a more recent analysis, Randy Martin and Scherwood Zimmerman have identified the
following causes of prison riots:
1. Environment Conditions- poor physical conditions make the prison a “time bomb” waiting
to go off.
2. Spontaneity- some spark, a fight between gangs, escalates into a general prison
disturbance.
3. Conflict- a repressive administration denies inmate right, which leads to violence.
4. Collective behaviour and social control- Informal social control mechanism, such as inmate
leaders and councils, break down and violence escalates.
5. Power Vacuum- a conflict between guards and the administration creates an anomic
conditions exploited by the inmates.
6. Rising expectations- Inmate expect increased freedom and better conditions. When these
are not met, their frustration leads to collective violence.
SECURITY PROCEDURES DURING EMERGENCIES, RIOTS, ESCAPES OR MAJOR DISTURBANCES
(Part IV, Book II, BuCor Manual 2000)
ESCORT PROCEDURES
(Chapter 1, BuCor Escort Procedures and transporting high Risk Prisoners 2008)
1. Primary duties of escort guards- escort guards shall exercise extreme caution at all times
and shall see to it that the inmate does not:
a. Escape;
b. Converse with unauthorized person;
c. Obtain forbidden articles, especially intoxicant or weapons;
d. Annoy passers-by; and
e. Suffer harm or humiliation. (Sec.1)
2. Distance of guard from inmates- in escorting a group of inmates, a guard shall keep a
distance of not less than 10 paces from his charge. Upon arrival at the destination he shall
station himself at a vantage point where all the inmate 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 guards shall station himself
at strategic points 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 port and starboard passages. (Sec.2)
3. Basic escort procedures- An escort guards shall strictly observe the instructions written at
the back of the inmate’s pass and the purpose and destination of the escort mission. These
include, but not limited to the following:
a. While in transit, the inmate shall not be allowed to stop at any place or contact any
person until destination is reached.
b. The inmate shall at all-time be placed under proper restraint, e.g. handcuffs.
However, the same shall be removed when the inmate enters the courtroom.
c. The inmate shall be returned to the prison facility immediately after the purpose of
the pass has been served.
d. The used of a privately-owned vehicle in transporting an inmate is prohibited. (Sec 3)
4. Escort Procedures for court appearance- in escort duties for court hearing, the
Superintendent shall provide at least two 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 inmates is notorious or has a previous record
of escape, additional escort guards shall be assigned. (Sec. 4)
5. Appearance in Metro Manila Courts- In conducting NBP or CIW inmates for appearance in
metro Manila courts, the escort detail shall be headed by supervising guards or by senior
officer. If the court concerned is the suburbs of Metro Manila e.g. Cavite, Bulacan, Rizal,
Laguna and Batangas the escort shall return their wards to the NBP or CIW immediately
after the hearing. (Sec.5)
6. Turnover of Inmate to Local Jail - a guard assigned to escort an inmate for court hearings
who cannot return to the 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. (Sec. 6)
7. 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 clearly bear the name of the receiving officer, his
designation and the date and time the inmate was received. (Sec. 7)
8. Postponement/Resetting of Hearing - after the hearing or if the scheduled hearing is
postponed/ reset to another date, the inmate shall be returned to the prison of origin
without delay. If feasible, the escort- in-charge shall secure from the court an order
committing the inmate to the provincial/ city jail or other detention center. (Sec. 8)
9. Procedure if Escort Guard becomes Sick - if the escort guard becomes sick, he shall notify
the Superintendent of the prison of origin thereof by the fastest means available so that a
replacement can be sent to continue the mission. (Sec. 9)
10. Fake or Spurious Subpoena - If the subpoena received by the prison turns out to be
spurious, or if, in spite of a valid subpoena, the scheduled trial is not held, the inmate shall
immediately returned to the prison of origin. The escort-in-charge shall submit a written
report to the Superintendent on the matter. (Sec. 10)
11. Certificate of Appearance- Immediately after the trial but before leaving the court
premises, the escort-in-charge shall secure from the clerk of court a certificate or other
proof of appearance. (Sec. 11)
12. Procedure During Outside Movement of Inmates – the following security procedures shall
be observed during the outside movement of an inmate:
a. Before Departure from Prison:
i. The written mission order issued by the Superintendent, the mitimus and other
prison records of the inmate shall be given to the escort guards. In case of
detainee, the records shall include the written authorization of the appellate or
sentencing court for the outside movement of the detainee.
ii. Whenever possible, the transfer shall be effected during daylight hours.
iii. The escort guards shall be given detailed instruction on their duties and
responsibilities, to include the instruction that they use the most direct travel
route to their authorized destination.
iv. The inmate shall be thoroughly searched for contraband or deadly weapons or
objects which may be used for escape or self-destruction.
v. Money found in the possession of the inmate shall be confiscated by the Desk
Officer who shall issue a receipt therefor and who shall return the money to the
inmate upon his return. If the inmate is to be confined and needs money for
medicine or food, the money therefor shall be turned over under receipt to the
escort guard. All disbursements made by the escort guard shall be properly
receipted for.
vi. The inmate shall be placed in handcuffs or other instrument of restraint. If there
is more than one inmate to be transferred, they shall be grouped in pairs and
securely connected to one another by a rope, ascertaining that the inmate does
not have crippled, deformed or very small hands to allow him to slip the
handcuffs off.
vii. Handcuffs shall be properly adjusted for tightness before departure to avoid the
need of adjusting the same while in transit.
viii. The inmate shall stay inside the prison premises until the vehicle to be used in
transporting him is ready for boarding. The inmate shall board a motor vehicle
ahead of the guard.
b. In transit:
i. The handcuffs or instrument of restraint shall not be removed while the inmates
are in transit. An inmate shall not be handcuffed to any part of the vehicle during
transit to avoid his being trapped in case of a vehicular accident.
ii. If it is necessary to board public transportation such as a ship or airplane, the
guards shall position themselves with their inmates in an area that is cleared of
civilians or if this is not possible, shall sit/position themselves between the
civilians and the inmate/s.
iii. All inmates being escorted shall be under the supervision of a guard at all times,
including going to the toilet or washroom. The guard shall always be close
enough to the inmate to respond to any untoward incident.
iv. If there is more than one inmate escorted, there shall be a head count of the
inmates every turnover of guarding shift. The team leader of the escort guard
shall conduct an inspection during all guarding shifts.
v. An inmate shall not be allowed to tinker with his handcuffs or other instrument
of restraint.
vi. A guard shall always walk behind and not in front of the inmate, or in case, allow
the inmate to reach his firearm.
vii. The guard shall not pass any unauthorized place while in transit.
c. Arrival at Destination
i. Upon arrival at the authorized destination, the guards and their inmate/s shall
stay in the public transportation until the same is cleared of the other
passengers. They shall only disembark after the inmate and his personal
belongings have been searched/ inspected and the transportation that will bring
them finally to their final destination is ready for boarding
ii. The handcuffs or instrument of restraint may be removed at the authorized
destination if there is no danger of escape.
iii. The guard shall return the inmate to the prison of origin as soon as the purpose
of the outside movement has been served.
d. After-Mission Report - after completing the mission, the leader of the guard detail shall
submit a written report to the Superintendent, together with copies of the transmittal
letter and certificate of appearance. In case of an inmate being transferred to another
prison or jail institution or competent authority, the responsibility for said inmate shall
remain with the custodian until formally received by another custodian. (Sec. 14)
13. Other Security Procedure - The following security procedures shall also be observed in case
of an inmate subject of a medical referral or who is allowed to view the remains of a
deceased relatives:
a. Medical Referrals:
i. The inmate who 1s brought to an outside hospital for medical
treatment/examination shall be provided with at least two (2) escort guards and
returned to the prison of origin during the daylight hours after the treatment is
completed. Upon said return, the Department shall be furnished copies of the
inmate's medical certificate, diagnosis and plan of management.
ii. If the inmate is to be confined in a hospital, the inmate may be handcuff to the
bed if he as ambulatory and there is a risk that he may escape.
b. Viewing the Remains:
i. The inmate shall not be allowed more than three (3) hours from the time of
arrival at the wake to the time of departure from the place where the remains lie
in state.
ii. The remains to be viewed must be in a place within a radius of thirty (30)
kilometres from the place of confinement. Where the distance is more than 30
kilometres, the privilege may be enjoyed if the inmate can leave and return to
his place of confinement during the daylight hours of the same day. (Sec. 13)
14. Outside Work Detail of Medium Security Inmates- In case a medium security inmate is
detailed to work outside the immediate vicinity of the prison compound, the following
security procedures shall be observed:
a. In no case shall an inmate be allowed to work outside the prison compound without an
escort guard.
b. Security shall be on a one inmate to one guard ratio.
c. The inmate shall be bodily searched before and after his work detail. (Sec. 14)